PERMFILE139661

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 6/19/2006
• Doc Name: Motions for Conditions
• From: Harvey W. Cutris and Assoc
• To: DMG
• Media Type: D
• Archive: No

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Motion for Conditions
Permit Application No. M-2005-080
Page 5 of 9
2. Groundwater monitorin¢.
Proposed condition. The Applicant shall submit to the Division for approval a
ground water monitoring program as a modification to the permit prior to any
excavation at the site. The program shall contain all components specified in
Construction Materials Rule 3.1.7(7)(b). At a minimum, the monitoring program
shall include that the existing three monitoring holes, Permits Nos. MH46101,
MH46102 and MH46101 shall be supplemented by at least two additional wells, one
of the new monitoring wells should be located near the northeast corner of the site
and the other near the northwestern corner of the site near the adjacent Ansley Pit at
the locations shown on attached Exhibit A, to document water levels and impacts in
the vicinity of the wetland and to document water levels and potential impacts
adjacent to the Ansley Pit. The monitoring program shall require measuring and
recording water table levels at least monthly alI in five wells, and shall include at
least two seasons when the ground water table is expected to be at its highest level
in mid-May until mid-July. The monitoring should start immediately, and shall
continue until at least two high ground water seasons are fully documented. All data
shall be reported to both the MLRB and the Objectors quarterly. The monitoring
must be completed prior to any excavation at the site.
Rationale. The Applicant has'stated that it does not plan to expose groundwater at the site.
This statement is not consistent with the opinions of Objectors' experts, who have concluded that
the proposed excavation to 10 feet below the surface level will expose groundwater, and that the
three monitoring wells are inadequate and that single readings taken of ground water levels were
flawed, e.g., taken too early in the spring and too soon after the wells were drilled. (See June 14,
2006 memorandum from Katie Fendel, P.E., to Harvey W. Curtis, attached as Exhibit B hereto; June
14, 2006 memorandum from Jon R. Ford, P.E., to Harvey W. Curtis, attached as Exhibit C hereto.)
As set forth in more detail, in Exhibits B and C hereto, the Applicant's. existing monitoring
wells are not adequate to determine the actual depth to groundwater at the site, including seasonal
variations. The monitoring program proposed herein is necessary to accurately predict the impacts
of the mining operations on groundwater at the site.
3. Exposure of groundwater and use of stormwater.
Proposed condition: No excavation shall occur within two feet of the groundwater
table. If any groundwater is exposed during excavation, Applicant shall immediately
cover said exposed groundwater to a minimum depth of two feet until Applicant has