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~~ <br /> <br />ADDENDUM NO. 1 <br /> <br />Rationale for Recommendation for Approval Over Objections <br />Regular 112 Construction Materials Permit Application, Agile Stone Systems, Inc. <br />Parkdale Project, File No. M-97-054 <br />March 25, 1998 <br />At the Pre-Hearing Conference March 16, 1998, Conference Officer, William T. Cohan allowed <br />two (2) issues of objectors to be added, in the Draft Hearing Order to the list of issues to be <br />considered by the Board. These issues numbers 4 and 8 of the list of issues identified after the <br />application was amended and believed by the Division to be issues not within the jurisdiction of the <br />Board, were not included in the Division's Rationale for Recommendation for Approval Over <br />Objections, dated March 20, 1998. These two issues, and the Division's responses are shown <br />below and are to be added to the Division's rationale. The writers of these issues are in the record <br />but could not be identified in time for this addendum. <br />4. The applicant volunteered during Fremont County CUP hearings and was then requested to <br />conduct capacity tests of all adjudicated wells and springs within 1.5 miles of the project <br />permit boundary. Only pump flow tests were conducted. No well capacity testing was done <br />by the permittee. <br />Response -The Division does not believe that mining related disturbances proposed by the <br />applicant will have a detrimental affect on offsite ground water quantity. The operator proposes <br />54.8 acres of gravel extraction from one large and one small pit. Upon reclamation these pits will <br />be closed basins acting as ground water recharge areas. Precipitation falling on these areas that is <br />not consumed by plants or evaporation, will percolate into the ground and eventually add to the <br />ground water system. Also the operator will import water to the gravel mining area for dust <br />suppression. Some of this water will be lost to the ground water system. These will be additions to <br />ground water. <br />The operator's application states that he will not expose ground water in his gravel mining <br />operation. He plans to remove gravel to a depth above the ground water table, there should no <br />evaporation loss of ground water and the alluvial and bedrock aquifers below the gravel pits should <br />not be disturbed. <br />Because the proposed operation should add water to the ground water system and not deplete it, the <br />Division sees no reason to require the applicant to conduct capacity tests at nearby wells. Fremont <br />County required the applicant to test wells as part of its approval of a conditional use permit. <br />I feel the short form #404? Is not adequate to provide comprehensive information on the pits <br />affect. <br />Response - Exhibit M -Rule 6.4.13 requires the applicant [o identify permits he holds or will be <br />seeking such as disposal of dredge and fill material (404) permits. In the original application, the <br />applicant identified under his Exhibit M that a stream crossing 404 permit would be required from <br />the U.S. Army Corps of Engineers. <br />M:\OSS\phl h7\TEMPWDDNDhiI LDO <br />