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PROPOSED CONDITION 4: GROUND WATER MONITORING PLAN <br />9. As proposed, Black Hawk's suggested ground water monitoring condition would <br />impose an unnecessary, burdensome plan that is clearly intended to be nearly impossible to <br />comply with. It also is completely unwarranted by any credible, admissible evidence in the <br />record or to be presented at the hearing. <br />10. The Applicant has agreed to a stipulation to be proposed by the Division staff. <br />The Applicant will conduct baseline monitoring and ongoing sampling and analysis for <br />groundwater level and particular constituents of concern to be identified by the Division staff. <br />11. As a consequence, the objector's proposed condition should be rejected. <br />PROPOSED CONDITION 5: ATTEMPT TO SHIFT LIABILITY <br />AND RESPONSIBILITY FOR IMPROPER CONSTRUCTION <br />AND PUBLIC ENTITIES TO THE APPLICANT <br />12. The Applicant has fully satisfied the applicable statutory requirement <br />demonstrating that quarry operations will not damage nearby structures, by adopting a <br />conservative and protective blasting plan proposed by the Division staff. <br />13. None of the objectors have submitted, nor can they submit, any admissible, let <br />alone persuasive, evidence demonstrating that blasting or other proposed training operations will <br />damage any nearby structures, whether within or beyond the 200 foot statutory limitation. <br />14. Nonetheless, the Applicant has agreed to the following condition proposed by the <br />Division staff: <br />DMG Stipulation No. 3 (Blasting) - `The Operator will install a frequency <br />responsive seismograph at the Black Hawk-Central City Sanitation <br />District (District) Waste Water Treatment Plant. The seismograph will be <br />installed at a location to be approved by the Division of Minerals and <br />Geology (DMG), in cooperation with the District. The seismograph will <br />4 <br />