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H. ISSUES RAISED BX OBJECTORS: <br />Issues raised by objecting parties are listed below. The Division's response to objection issues follows. <br />Issues aze listed under the application exhibit section and/or mle to which they pertain. <br />ISSUES WITHIN THE JURISDICTION OF TIIE DIVISION AND BOARD <br />Issues Raised Durin¢ The Public Comment Period <br />1. Will the Applicant minim;~e disturbances to the prevailing hydrologic balance of the affected land and <br />of the surrounding azea and to the quantity and quality of water in surface and groundwater systems during <br />and after the mining operation, specifically with respect to: <br />a. potential de-watering and lowering of the alluvial aquifer; and <br />b. potential flooding from the berm/dike constructed in the floodway of the Cache La Poudre <br />River? (Rule 3.1.6(1)) <br />DMG Response - <br />a) The applicant has identified existing wells, on and within 600 feet of the property and has provided <br />evidence of an approved well permit and temporary substimte supply plan as required by the Office of the <br />State Engineer for current and proposed mining activities at the Durham Pit. Also, the applicant has <br />provided a detailed hydrogeologic evaluation to assess the extent and magnitude of impacts to groundwater <br />in the affected land and surrounding azea for current as well as future de-watering activities. The impacts <br />assessment indicates a minimal impact to the nearest groundwater users immediately south of the Durham <br />Pit, and no impact to groundwater users north of the Poudre River. Approval of the well pemrit and <br />temporary substitute supply plan by the Office of the State Engineer provides assurance to groundwater <br />users in the surrounding area that the applicant will m;n;m;~e impacts to groundwater resources during and <br />after the mining operation. The applicant also has an approved PdPDES Surface Water Dischazge permit <br />from the Colorado Departttrent of Health for offsite dischazge of mine water to the Cache La Poudre River. <br />Finally, the operator has a Spill Containment, Control, and Countermeasures Plan as well as an adequate <br />system in place for control of stormwater ntnoff and process waters, thereby minimiving any potential <br />impacts to surface water resources during the mining operation. <br />b) The applicant has provided a comprehensive floodway analysis prepazed by Anderson Consulting <br />Engineers to assess the potenfial flooding impact on adjacent landowners and neighbors due to the size and <br />configuration of the existing flood control berm The floodway analysis contains surveyed cross sections <br />of the Cache La Poudre River and adjacent flood control bemr and confnms that the height and <br />configuration of the existing flood control berm is not consistent with the constmcton criteria specified in <br />the approved mining and reclamation plan. The floodway analysis demonstrates that under a 100-yeaz <br />flood scenazio, the flood water surface will rise to an elevation 0.2 foot (2.4") above the base elevation of <br />storage sheds owned and operated by Bliss Produce Company, adjacent landowners immediately north of <br />the Cache La Poudre River. The applicant has committed to make necessary modifications to the flood <br />control berm by Mazch 30, 2005 to eliminate the potential fora 0.2 foot rise in water surface and potential <br />adverse offsite impacts during a 100-yeaz flood scenario. The applicant has specified that necessary <br />changes to the berm will be made, provided they will not compromise local and federal floodplain <br />regulations. The applicant has also demonstrated the need for a revised final design for the flood control <br />beme. As a result, the applicant has coaunitted to submit to the Division, in the form of a technical <br />revision, a Flood Control Mitigation Plan by Mazch 30, 2005 which will include a revised, long-term, final <br />design for the flood control berm The Flood Control Mitigation Plan will also be submitted to Weld <br />County for review and approval. The Flood Control Mitigation Plan will include the following five (5) <br />components: 1) Assurance that any potential for adverse offsite impacts will be min;mi~ed, 2) Adherence to <br />alt Federal, State, and Local floodplain laws and regulations, 3) An itemized summary of constmction <br />costs, 4) Representative engineering designs and plans for final constucton of the flood control berm, and <br />5) A time schedule for cmnpletion of the plan. Finally, the applicant has provided a written commitment to <br />complete construction of the revised flood control plans and designs by ro later than December 31, 2005. <br />