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I. Objections: <br />The Division received objections from the following organization during the initial public comment <br />period. <br />Obiector Dated Date Received <br />McCann Ditch and Reservoir May 11 th, 2009 May 12th, 2009 <br />Company <br />II. ISSUE RAISED BY OBJECTOR: <br />The issue raised by the objecting party is listed below. The Division's response to the objection issue <br />follows. The issue is listed under the section of the Construction Materials Rules and Regulations to <br />which they pertain. <br />A. THE FOLLOWING OBJECTION IS WITHIN THE JURISDICTION OF THE DIVISION <br />AND BOARD AND WAS RAISED DURING THE INITIAL APPLICATION PUBLIC <br />COMMENT PERIOD <br />Application Exhibit G - Water Information: <br />1. "It seems that allowing sealed water storage on both the east and west sides of the McCann Ditch <br />will necessarily eliminate the historic supply of groundwater for this seepage ditch." <br />"the McCann Ditch and Reservoir Company strongly objects to the issuance of any new mining <br />permit until the applicant can demonstrate that the historic groundwater regime which is the <br />supply to the McCanne Ditch will not be impaired by Ready Mixed's mining activities." <br />Submitted by F.P. Spratlen, IV, President, McCanne Ditch and Reservoir Company <br />Division of Reclamation, Mining and Safety Response <br />The questions raised by the above comment relates to Sections 3.1.6 and 6.4.7 in the Construction <br />Materials Rules and Regulations. <br />a) Has the Applicant adequately considered potential impacts to the prevailing hydrologic <br />balance specifically, impacts from the operation to the McCanne ditches' water quantity? <br />The applicant is required by law to minimize disturbances to the prevailing hydrologic balance of the <br />affected land and of the surrounding area and to the quantity or quality of water in surface and <br />groundwater systems both during and after the mining operation and during reclamation (Rule 3.1.6). <br />There have been several agreements between the operator and the McCanne Ditch and Reservoir <br />Company concerning the McCanne Ditch since the site was permitted back in 1987 until this time. <br />Several of these gave the operator permission to relocate the ditch as long as the Ditch Company was <br />given notification and approved the operator's plans. The operator submitted a Carriage Agreement <br />dated September 13th, 2004 with their Amendment Application. Item 10 of this agreement states, <br />2