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will be pumped back to the North Platte under a discharge permit to be obtained by <br /> the Applicant. <br /> 10. The Division presented testimony regarding geotechnical issues with <br /> the Application. The Objector's property line and outbuildings are close to the permit <br /> boundary, particularly a propane tank and a large shed. The Applicant provided <br /> structure agreements to adjacent landowners with permanent structures within the <br /> regulatory requirements. Because the Objector did not sign the agreement sent to <br /> her, Applicant conducted a slope stability study, as permitted by statute. The <br /> Division determined that the proposed mining plan, including the final slope and <br /> slurry wall, exceeded the Board's requirements for slope stability. The Division <br /> determined that there would be no impacts on the Objector's structures from the <br /> mining operation. <br /> 11. Likewise, the Division determined that the mining plan complied with <br /> the statutory and regulatory requirements. The Applicant had committed to hire a <br /> company to check the Objector's propane tank and install a vibration monitoring <br /> system and no blasting would be used during the mining operation. The Application's <br /> topsoil management plan and mining timetable also comply with the regulatory <br /> requirements. Overburden and topsoil will be stockpiled in a berm along the property <br /> line to shield the Objector's house from the mining activities. <br /> 12. The Division also presented testimony about potential access issues for <br /> the Objector, whose driveway crosses the permitted area and is within the permit <br /> boundaries. Mine traffic will access the site from a road located at the northeast <br /> entrance of the site and will not use the Objector's right of way. All mining and <br /> disturbed land will be located north of the right of way, with a fence separating the <br /> right of way from the mined areas to the north. Areas south of the driveway will not <br /> be mined or disturbed but are considered affected land because water discharged to <br /> the South Platte will need to cross that area. <br /> 13. Regarding concerns with archeological issues, the Division presented <br /> testimony that the Application met the statutory and regulatory requirements. The <br /> Applicant had conducted a survey through a third-party consultant and had <br /> committed to follow all applicable requirements should any cultural resources be <br /> uncovered after mining commences. The State Historical Preservation Office <br /> reviewed and determined that the Applicant's process regarding cultural resources <br /> complied with applicable laws. <br /> 14. The Division received a comment letter from Colorado Parks & Wildlife <br /> in response to the Application containing recommendations to address wildlife issues. <br /> Parks & Wildlife recommended not mining near the west side of the site during bald <br /> eagle breeding season. The Division presented testimony stating that the <br /> recommendation had become part of the Application. <br /> Ogilvy River Farm, LLC. <br /> Ogilvy River Farm Pit/M-2024-006 3 <br />