Laserfiche WebLink
• s <br />absence of ground water. The terrain is <br />sites and this fact should be brought to <br />Roger Funston along with a request that <br />to conduct a further study of the ground <br />within the South Chieftain Nine in order <br />an unanticipated drainage problem. <br />similar at both <br />the attention of <br />the Board ask Robinson <br />water regime located <br />to avoid creating <br />In the event Robinson encounters water in its opera*_ion, <br />it will be necessary for it to undertake one of two possible <br />courses of action. If an election is made to put the water <br />to a beneficial use, it would be necessary to obtain a water <br />right. If Robinson so elects, it would be advisable to <br />obtain a commitment from them that any such water right <br />obtained would be done in the name of the City of Lakewood <br />and would revert to the City as soon as the operation terminates. <br />Alternatively, if Pobinson elects to merely remove the water <br />encountered by dewatering the pit, it will probably be <br />necessary for it to obtain a DTP DES permit in order to conform <br />to the water quality standards established by the State. <br />Although .this obligation rests solely on the operator, it <br />would be in our best interest to be sure that the matter is <br />handled properly in order to avoid problems. <br />Jim and Dave will be making further inquiries of contractors <br />and other parties who have some familiarity with the ground <br />water regime in the area in order for us to better anticipate <br />whether a ground water problem may exist. However, regardless <br />of the extent of information available, we should provide <br />for all contingencies in the agreement with Robinson. <br />2. The proposed policy as set forth at Parkland should be <br />used for mining only once - i.e., total extraction - at <br />which time the lease would be assigned to the City of Lakewood <br />so that it could no longer be worked. <br />The terms of the clay lease which Robinson has acquired <br />do not provide the lessor with the right to control or <br />influence the method of mining operations other than that <br />the lessee shall do so in a good workmanlike and approved <br />manner. There is an implied covenant of prudent operations <br />which may achieve the desired result if a prduent operator <br />caould employ the total extraction method. However, it is <br />very unlikely that such an implied covenant would be a <br />reliable means of obtaining the desired protection. <br />Robinson's application for a permit indicates that <br />overburden is used for fill as operations advance (Exhibit <br />B, D1ining Plan and Exhibit E, Reclamation Plan) and that the <br />operator will let the area return to its native state of <br />-3- <br />