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data. If, after two years, the Operator can demonstrate to the satisfaction of the Division that <br />ground water levels are stable and are not in danger of mounding to the surface, then the <br />Division will consider releasing the Operator from further reclamation responsibility. <br />Sufficient financial warranty will be held to excavate the backfilled material and replace it with <br />higher permeability material. <br />(6) Monitoring Wells. <br />Division Comment <br />Applicant has stated that they will attempt to get written confirmation from the City of <br />Thornton that they agree to allow the Applicant to remove the wells in question. Applicant <br />further states that the wells will not be removed until such confirmation is submitted to the <br />Division. In the meantime, the Division requires that no mining occur within 200 feet of the <br />monitoring wells unless an engineering evaluation demonstrates that mining can occur closer <br />without damage to the wells. <br />III. DIVISION RECOMMENDATION <br />The Division has determined that the Applicant has fulfilled all of the minimum requirements for <br />approval of the proposed permit for the Priola Pit application M-2007-087. Therefore, in accordance <br />with Rule 1.4.9(2)(c), the Division recommends approval of the permit application, with the following <br />conditions: <br />1) With reference to item (6), no mining will occur within 200 feet of monitoring wells <br />owned by the City of Thornton until the Operator provides written evidence that an <br />agreement has been reached between the two parties that permission has been <br />granted for removal of the wells, or the engineering evaluation is submitted and <br />approved. Unless removed in their entirety, the wells must be abandonment in <br />accordance with the Rules and Regulations of the Office of the State Engineer. <br />2) Operator will monitor ground water levels upgradient and downgradient of the <br />backfilled area for a period of two years following completion of reclamation to <br />ensure that ground water is not mounding to levels that could adversely impact <br />surrounding structures. If the City of Thornton does not allow use of their wells for <br />the needed monitoring, the Operator must install piezometers to conduct the <br />monitoring prior to initiating mining activities. <br />4