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will be placed in berms and seeded with a mixture of wheatgrass and <br />orchard grass. <br />4. The weight of the evidence demonstrates that the Applicant has met the <br />minimum requirements of Construction Materials Rule 3.1.6(3). <br />D. Impacts to Groundwater Quality <br />1. Construction Materials Rule 3.1.7 requires the Applicant to determine if <br />the proposed operation will impact groundwater quality and, if so, to meet <br />other requirements set forth in Construction Materials Rule 3.1.7. <br />2. The Objectors assert that the Applicant has failed to comply with <br />Construction Materials Rule 3.1.7. <br />3. The groundwater quality issues that could arise from the proposed <br />operation concern sedimentation from mining operations and the <br />accidental release of petroleum products. The Applicant will impound <br />stormwater to allow for settling of sediments prior to recharge into the <br />groundwater. The Applicant may seek a permit from the Colorado Water <br />Quality Control Division if circumstances require the release of <br />stormwater into surface waters. With respect to the accidental discharge <br />of petroleum products, the Applicant has received approval of a secondary <br />containment plan that includes lined earthen berm storage areas that are to <br />be constructed prior to the delivery of any such substances to the site. The <br />Applicant has committed to abiding by all pertinent state regulations <br />concerning the transport, use, storage and disposal of petroleum products. <br />