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<br />events, the depression will capture excess floodwater and prevent damage to azeas east <br />and north of the site and preventing erosion of the slope between the Spring Creek Mesa <br />and the lower ten•ace. <br />In the extremely unlikely event that groundwater was ever encountered during the 13 feet <br />temporary operation in Phase 1, and in subsequent phases, Haldorson commits to <br />covering any wet areas with 5 feet minimum of overburden topsoil and forgo any future <br />mining in that area. <br />4. Conclusions <br />As is seen from the enclosed information, there is compelling evidence and existing track <br />record from the neazby pits to show that it is extremely unlikely that groundwater will be <br />encountered in Phase 1 to a depth of at least 40 feet. This request is for 13 feet, while at <br />the same time, the operator will install the monitoring wells over the entire site to shale <br />bedrock during January of 2004 and will monitor water levels in these wells weekly for <br />an entire yeaz. <br />The Division staff, including the groundwater specialist, was willing to allow mining to <br />20 feet until 1 year of monitoring data was collected, as was stated in the DMG letter to <br />Banks and Gesso of October 1, 2003. <br />We absolutely believe that this request is extremely conservative and can in no way <br />harm the water quality or quantity of any users azound the site. <br />13 <br />