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~, <br />The Objectors assert that the Applicant failed to comply with Construction <br />Materials Rule 6.4.7. <br />The Applicant's consultants estimate that the static water level underneath <br />the project site is between 30 and 50 feet in depth during the imgation <br />season. The Applicant proposes excavating no deeper than 20 feet below <br />the existing surface in order to stay above the water table, and submitting <br />up to one yeaz of groundwater monitoring data prior to commencing <br />excavation below 20 feet from the current surface. As part of this process, <br />the Applicant also proposes placing three upgradient and three <br />downgradient wells to monitor water levels during each phase of mining. <br />With respect to water rights, the Applicant has produced an August 28, <br />2003 letter from counsel for the Uncompaghre Valley Water Users <br />Association which concludes that "there is no impediment to the other <br />uses of the water by Haldorson and Sons" as outlined in the conditions of <br />approval of the Applicant's application, provided assessments are paid as <br />required. <br />4. The Boazd, having considered the evidence concerning the potential <br />disruption to the area's hydrologic balance, proposes to modify a proposed <br />condition contained in the Division's Rationale for Approval <br />Recommendation ("Rationale"). That modification, set forth in the order <br />below, requires the Applicant to monitor groundwater for one full year <br />prior to the commencement of any construction activities at the site (rather <br />than requiring monitoring data only if excavation depth exceeds ZO feet). <br />