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c <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 <br />