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<br />There appear to be four registered, active, shallow wells that are downgradient and within
<br />600 feet of the proposed mining area. These four wells are generally located west of the site
<br />and east of Brighton Road. According to records of the State Engineer, one (Permit No.
<br />100919A, owned by Richard and Geraldine Frost) is used for domestic purposes (but not
<br />drinking water, as homes along Old Brighton Road are connected to the South Adams County
<br />Water and Sanitation District.) Three of the four (Permit Nos. 55897F, 12992R, and 12993R)
<br />are relatively high yield wells, used for crop irrigation. Don and Jeanne Off own two of these
<br />wells; and the third is owned by Kirk Kirby.
<br />On behalf of Don and Jeanne Off, who own approximately 15 acres immediately west of and
<br />adjacent to the site, a consultant (Doty & Associates) has predicted possible impacts to the
<br />nearest of the Offs' two high capacity, shallow wells. This well is 20 feet deep, with the
<br />bottom 8 feet placed in ground water, although the aquifer is likely 15 to 30 feet thick in the
<br />well's location.. The report predicts that, right now, if the well is pumped at 500 gallons per
<br />minute, 24 hours per day, for 180 days, water inside the well itself (not in surrounding
<br />groundwater) would drop 5.1 feet, leaving only 3.9 feet of water in the well. Following
<br />completion of the water storage reservoir, if this well was pumped at 500 gallons per minute,
<br />24 hours per day, for 180 days, the report predicts that water inside the well would drop an
<br />additional 1.8 feet and suggests that the "adjudicated right" of the Offs would be injured. In
<br />these extreme pumping circumstances, not only does this report predict an effect that does not
<br />appear significant; but it also misleads readers of what the Offs are entitled to from their well.
<br />An adjudicated water right is relative to pumping rate (gpm) and to a beneficial use. The
<br />Offs do not have a right to turn on their well and pump at 500 gpm for 6 months; rather they
<br />can take water at that rate for only so long as they can make beneficial use of the water for
<br />irrigation. Further, the seniority of the Offs' water right does not give a right to an inefficient
<br />means of diversion, such as this well, which reaches only 8 feet into the available water
<br />supply.
<br />Although all technical opinions appear to support a conclusion that there will be no effect on
<br />nearby wells, the Applicant does appreciate the concerns of neighboring well owners, as there
<br />are many variables that affect groundwater availability; and being out of sight, it is difficult to
<br />correlate these variables with effects. Therefore, the Applicant is working on agreements
<br />with the two well owners that have expressed concerns (Off and Frost) during the Adams
<br />County conditional use application and hearing processes. For the Offs, the Applicant is
<br />offering to construct a replacement well for their nearest high capacity well before
<br />construction of the slurry wall is completed. As allowed by the Office of the State Engineer,
<br />the replacement well will be constructed up 200 feet further west of the mining site and will
<br />be installed to bedrock (whereas the existing well penetrates only eight feet into
<br />groundwater). For the Frosts, the Applicant is offering to deepen or move their shallow well,
<br />if the well's capacity is adversely affected by mining activity or construction of the slurry
<br />wall. As of March 21, 2003, both the Offs and the Frosts appear to be happy with these
<br />offers, and the Applicant is comfortable that agreements with these two neighboring
<br />landowners will be finalized in the near future.
<br />As a result of the Adams County land use processes, the Applicant has also told the County,
<br />in a letter of March 11, 2003, that, before mining activity begins on the site, the Applicant
<br />will use the records of the State Engineer to inventory all wells in shallow groundwater that
<br />are located south of 120 Avenue, north of 120th Avenue, and east of Old Brighton Road.
<br />Before mining activity begins, the Applicant will send letters to these well owners, again
<br />informing them of the plans for mining and creating a water storage reservoir. In this mailing
<br />the Applicant will offer to deepen or repair any of these wells that lose capacity or water
<br />quality due to the Applicant's mining activity or construction of the slurry wall. Acceptance
<br />of the offer by any well owner will be contingent upon allowing the Applicant to routinely
<br />monitor water depth and water quality of the owner's well before, during, and following
<br />mining activity and to allow comparison with monitoring well data to allow a determination
<br />that failing well performance is, in fact, due to the Applicant's activity. If there is uncertainty
<br />whether poor performance of a well is attributable to the Applicant's mining activity, the
<br />Applicant will pay to hire a (mutually agreed upon) independent consultant to review
<br />available information and make that determination and provide recommendations for
<br />resolving the poor well performance.
<br />3) Attached are the State Engineer's Office comments. Please contact them for further
<br />clarification on their comments.
<br />The Office of the State Engineer will be contacted for clarification regarding that agency's
<br />comments of January 2003. The Applicant acknowledges that proposed mining and
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