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Obiector Dated <br />Mr. Dan Henrichs 08-November-07 <br />Superintendent of the High Line Canal Co. <br />High Line Canal Co. <br />P.O. Box 800 <br />Rocky Ford, CO 81067 <br />OR (two addresses were given) <br />49707 E. Hwy 50 <br />Avondale, CO 81022 <br />II. ISSUES RAISED BY OBJECTING PARTIES: <br />Date Received <br />13-November-07 <br />Issues raised by the objecting party are listed below. The Division's response to objection issues follows. <br />Issues are listed under the section of the Construction Materials Rules and Regulations to which they <br />pertain. Issues that the Division believes are not within the jurisdiction of the Division or the Mined Land <br />Reclamation Board ("Board" or "MLRB") are listed afterwards. <br />A. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD <br />1. Rule 6.4.7(1) Exhibit G -Water Information <br />• Mr. Dan Henrichs, Superintendent of the High Line Canal Company raised the concern of <br />how the proposed operation may directly affect ground water systems such that the <br />quantity of ground water in the area surrounding the High Line Canal (the Canal) is <br />depleted, causing possible seepage losses from the Canal. <br />DRMS Response <br /> <br />The question raised by the above comment is related to C.R.S. 34-32.5-116(7)(h) and Rule 6.4.7(1) of <br />the Construction Materials Rules and Regulations. <br />Rule 6.4.7(1) of the Construction Materials Rules and Regulations requires the Applicant to state <br />expectations of the operation's direct effects to surface or ground water systems. Rule 3.1.6(1) also <br />applies. This rule requires that disturbances to the prevailing hydrologic balance of the affected land <br />and of the surrounding area and to the quantity and quality of water in surface and groundwater <br />systems both during and after the mining operation and during reclamation be minimized. <br />The Applicant has submitted a mining plan for the site that specifically states that ground water will <br />not be exposed. However, as confirmed by the Office of the State Engineer (OSE) on October 18, <br />2007 via Comment Response Letter, "there is no record of monitoring wells in the vicinity of the pit <br />[proposed operation] so it is unknown what the depth to ground water is. This letter from OSE also <br />contends that, as a portion of this proposed operation is located between the High Line Canal and the <br />Arkansas River, "it appears that there is approximately 20 feet of elevation between the leading edge <br />of the pit and the Arkansas River. This agency is concerned that ground water will be intercepted and <br />exposed." <br />The Division accepts that if the Applicant complies with the conditions for approval listed in this <br />Rationale under the Division Recommendation section, the proposed mining and reclamation plans <br />pose little to no risk to the ground water systems. Providing all activities are maintained at a minimum <br />2 <br />