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( Peter L. and Cynthia S. Baurer and Cazl Eiberger, Stillwater Lake Ranch LLC ;September 7, 2004) Response -The applicant has been monitoring eight alluvial ground water wells at the proposed site beginning in January, 2002 and has made a commitment to continue to monitor these wells. In their October 19, 2004 "Response to Adequacy Review Comments" the applicant submitted a monitoring plan, and in that response and as further described in their second response of October 22, 2004, corrunitted to notifying the Division within seven (7) days if any of these wells shows an increase or decrease of tv/o (2) or more feet in the groundwater elevation. Tn the event of such a change in the groundwater the applicmt has committed to submitting a report to the Division. The report will present results of an evaluation of the monitoring data and also non-project related local conditions. It will present results of the evaluation and idenfify any potential impacts associated with the change. Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact. If due to dewatering, installation of the slurry wall, or other mining or reclamation activities, changes in groundwater elevation may create adverse impacts to adjacent properties, the adjacent property owners will be notified and the impac~s will be addressed to the satisfaction of the Division. The applicant has also stated in their original Pernut Application in Exhibit G -Water Information, under "Surrounding Water Rights" the following commitment. "As required by the State Engineers Office, a grave] pit well pernut will be obtained. Operations at the site will not injuriously affect suaounding water rights. However, if dewatering at the Wattenberg Lakes site directly affects thc; ability of surrounding wells to pump a full supply of water in accordance with their permitted uses, Aggregate Industries, Inc. will take all necessary actions to remedy the affects to the extent they were directly caused by operations at the site." 2. "The first concern the Association has is that the mining operation may adversely affect the water levels of the well from which the Associafion provides the water supply to its members. As nearly as the Association can detemune from the information available, the Association Well is located within six hundred feet of the boundary of Aggregate's property that will contain the Wattenberg pit. Aggregate indicates in its Application that it plans to build slurry walls, which may or may not help avoid injury to the well. Without more specific information, the Association has been unable to fully analyze the impacts the Wattenberg pit operafions and the slurry wall may have on this well. However, due to the proximity of the mining operations, some impact on the well is likely. The Association's ability to provide water to its members may thus be adversely affected. Aggregate states in its application that if water users surrounding the pit are unable to pump their full water supply, Aggregate will take all necessary steps to remedy the effects that aze directly caused by their mining operations. Furthermore, Aggregate is seeking the required gravel wc;ll permit from the State Engineer's Office. Since the Association believes its well appears to be located within six hundred feet of the mining operation boundary, impacts are currently being addressed through a process provided by the State Engineer's Office, and the Association hopes to resolve the water issues with Aggregate through this process. However, if the parties aze unable to come to a mutually agreeable resolution, the Association requests that the Division ensure proper safeguazds aze in place to protect the Association's use of its well." (Andrea L. Benson, Alperstein & Covelle, PC; Wattenberg hmprovement Association; September 10, 2004) Response -The Division has reviewed the applicant's pemut applicafion and their responses to the Division's first and second adequacy reviews. Based on the information supplied to the Division by the applicant the Division believes that proper safeguazds have been presented by Aggregate Industries-WCR, Inc. to protect the Wattenberg Improvement Association's well. Please refer to the Division's Respon:>e to Issue Number 1 (above) for a more detailed explanation of the applicant's commitments to address any impacts to adjacent wells.