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RATIONALE FOR RECOMMENDATION FOR APPROVAL OVER OBJECTIONS -Application for <br />Amendment No.l, Aggregate Industries- WCR, Inc., Cooley Reservoir and Fulton WIIdlife Area, Permit No. <br />M-1999-034 <br />INTRODUCTION <br />On February 12, 2003, Aggregate Industries-WCR, Inc. (AI) filed an application for Amendment No.l to the Cooley <br />Reservoir and Fulton Wildlife Area, Permit No. M-1999-034. The final day for public comment was Apri14, 2003. <br />Three timely letters of objection were received. One objector withdrew the objection. APre-Hearing Conference <br />was conducted by Ms Sandra Brown on May 27, 2003. One of the ren+a+n+ng two objectors did not attend the <br />conference. One objector Ms Karen Topper did attend the conference. A draft Pre-Hearing Order was prepared and <br />issued to the Board, on May 30, 2003. The draft order identified the parhies to the Hearing and listed the issues to be <br />considered by the Board. <br />The Division sent an adequacy review of the application to AI's consultant Robert Fleming ADCO Consulting, Inc. <br />on Apri129,2003. The original decision due date was May 13, 2003. Aggregate Industries requested that the <br />Division's consideration be continued to June 12, 2003 to give them more time to respond to the list of adequacy <br />items. A second adequacy review letter with a few remaining adequacy items was sent to AI on June 11, and AI <br />responded June 12, 2003, agreeing to a Division condition for approval of the application. <br />Several of Ms Toppers issues had not been resolved at the time of the Pre-Hearing Conference. Those issues are <br />1. Is the application accurate and consistent regazding the description of the topsail stockpiles? (Rule 1.4.4(3)) <br />Ms Topper noted that in one location the application read that overburden and topsoil stockpiles will be 30 feet <br />high and in another location it read that the overburden and topsoil stockpiles will be 2l1 feet in height The <br />applicant has clarified the application and states "VVe will prohibit stockpiles within 200' of 104i6 Avenue and <br />make the maximum height of stockpIIes to be 20 feet <br />2. Will the applicant comply with applicable water laws and regulations governing injury to existing water <br />Rights specifically a potential for lowering of the water table? (Rule 3.1.6(lxa)) <br />The Office of the State Engineer -Division of Water Resources reviewed the application and, as a condition of <br />Approval, stated "Prior to approving a well permit, the applicant must conduct a field inspection of the site <br />and document the locations of all wells within 600 feet of the permit azea. The applicant must then obtain a <br />waiver of objection from all well owners with wells within 600 feet of the permit area or request a hearing <br />before the State Engineer. Aggregate Industries has agreed, in the application, that no de-watering will occur <br />until an agreement has been reached with the owner of any well within 600 feet or the State Engineer's Office <br />approves partial de-watering and the Division of Minerals and Geology reviews and approves of any such <br />agreement or approval. Aggregate Industries has agreed to limit de-watering to a maximum depth of 15 feet. <br />3. Has the applicant submitted a statement or plan showing how de-watering operations will be managed to <br />Protect against pollution, specifically remobilization of DIMP (diisopropylmethylphosphonate)? (Rule <br />6.4.7(2)(c ) <br />The operator has agreed to a condition for approval of the application (see "Recommendation for Approval <br />With a Condition"). The first sentence reads "No de-watering or extraction activities will occur until AI <br />develops a plan to monitor the gravel pit pond water for diisopropyhnethylphosphonate (DIIvIP) and obtain <br />