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<br /> <br />2 <br />Today <br />Haldorson and Sons representatives will make their presentation to the Boazd concerning their data and <br />findings. Sue McIntosh and opposition representatives will present their data and fmdings. The Division Staff <br />may have some final points at the end of the testimony. <br />Staff has some. suggestions for options concerning this matter: <br />1) If the Board, after review of the facts, feels that the information does not meet the threshold of Rule 2.9.1, the <br />matter is closed. <br />2) Should the Boazd, at its discretion, decide the information does meet the threshold of Rule 2.9.1, there are a <br />couple of suggested options: <br />a) Information, although relevant, may not be sufficient to reflect changing the stipulation as proposed. <br />If this is the case, the Stipulation as written stands. <br />b) Information maybe sufficient to elevate concerns of exposure and impact to groundwater. If this is <br />the case the operator has submitted a proposal that will allow come_dictnrhanrP r~ noo„r ;,, pt,acr~_ <br />while the site is being monitored. The revised Stipulation No. 2 should state "The operator shall <br />not excavate beyond a maximum depth of 13 feet below current surface elevations until 1 full year of <br />groundwater monitoring has been submitted and reviewed by the Division as approved. Should <br />groundwater rise to a height of 25 feet depth to water all excavation shall cease in that area until the <br />water table has receded below the 25 foot depth to water mark. Under no circumstances is <br />groundwater to be exposed for any reason without obtaining the proper local, state and federal <br />permits that may be required. " This creates a 12-foot buffer between the maximum excavation <br />depth and allowable water table height. Weekly monitoring of the wells would be used as the basis <br />for the water table depth. Haldorson and Sons could fax a weekly report to Division Staff for depth <br />to water verification during the peak irrigation season of May 1st, 2004 until October 1st, 2004. The <br />Division could monitor the situation and respond accordingly if necessary. <br />c) The Boazd after testimony may decide to modify Stipulation No. 2 as it sees fit to address any <br />concerns the Boazd has using the data and proposals presented to allow some disturbance while <br />monitoring continues. <br />Staff review of the current hydrological information presented by Mr. Lewicki, coupled with the Division's <br />records of surrounding approved permitted sites, should alleviate most of the concerns of exposure of <br />groundwater by the operator. Commitments by the operator to weekly monitoring, the creation of a buffer zone <br />between groundwater and the excavation, and suspension of operations should the groundwater penetrate that <br />zone create a reasonable plan to ensure that the groundwater will not be compromised. Staff has no objections <br />to changing Stipulation No. 2 to allow a minimal amount of disturbance while monitoring of groundwater <br />progresses. <br />