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F) Has the applicant provided a description of the presence and estimated <br />populations of the threatened and endangered species from the federal and state <br />lists? <br />Topsoil Stockpiles <br />8. The Applicant initially provided inconsistent statements regarding the height <br />of topsoil stockpiles. <br />9. Construction Materials Rule 1.4.1(3) requires the Applicant to provide <br />accurate and complete information in its application. <br />10. The Applicant subsequently committed to stockpiling topsoil in piles no <br />greater than twenty feet in height. This commitment resolves the Objector's <br />concern and complies with Rule 1.4.1(3). <br />Water Rights <br />11. The Objector is concerned that the Applicant's plans to pump water out of its <br />pit may lower the watertable and adversely affect her wells. <br />12. Construction Materials Rule 3.1.6(1)(a) states that the Applicant must take <br />measures to minimize the impact to the quantity of surface and groundwater <br />systems, including complying with applicable water laws regarding injury to <br />existing water rights. <br />13. The Applicant has committed that before pumping any water out of its pit, it <br />will reach agreement with the Objector for any well located within six <br />hundred feet of the operation, or will obtain approval from the State <br />Engineer's Office for de-watering the pit. The Division of Minerals and <br />