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Environmental Water Quality Control Division is responsible for issuing [his permit and <br />enforcing it. <br />6. The Applicant has applied for this permit. This condition should be rejected <br />because it is unlawful and because of the Applicant's compliance with this requirement. <br />PROPOSED CONDITION 3: REQUEST FOR THIS BOARD <br />THE JURISDICTION OF THE STATE ENGINEER <br />7. As proposed, this condition also would violate the principles of Town of <br />Frederick and other law and exceed [his Board's jurisdiction. The State Engineer administers <br />Colorado water rights. The proposed condition is, therefore, unlawful. <br />8. At an informal settlement conference held today, counsel for Black Hawk, <br />counsel for the Applicant, the Division's attorney and staff and others stipulated to [he following <br />condition addressing this issue: <br />DMG Stipulation 2: `The Applicant will comply with state law regarding <br />impacts to ground water. An approved substitute water supply plan from <br />[he Office of the State Engineer has not been obtained at this time to <br />provide for replacement of depletions due to the exposure of ground <br />water; therefore, the Applicant commits to backfill any and a]] exposed <br />ground water within 24 hours, to a depth of at least two (2) feet, where <br />quarry activities have intercepted the ground water surface. Applicant <br />agrees to maintain this commitment to backfilling until such time as the <br />Applicant obtains approva! of a substitute water supply plan from the <br />Office of the State Engineer to provide for replacement of depletions due <br />to the exposure of ground water at [he quarry site. If approval of a <br />substitute water supply plan is obtained, Applicant agrees to provide a <br />copy of the approval letter to the Division of Minerals and Geology before <br />requesting to abandon its commitment to backfilling any and all exposed <br />ground water at the quarry site.' <br />3 <br />