Sec. 10-5.503.   Backfilled excavations: Groundwater flow impacts.
   The area of backfilled off-channel excavations extending below the groundwater table shall be minimized in order to reduce changes to groundwater levels and flow. Backfilled pits shall be oriented with regard to the direction of groundwater flow to prevent localized obstructions. If a backfilled off-channel excavation is proposed to penetrate either fifty (50') feet or one-half (½) into the saturated thickness of the shallow aquifer, then at least six (6) months prior to the commencement of excavation below the average high groundwater level, the applicant shall demonstrate in a manner consistent with the Technical Studies that the pit design will not adversely affect active off-site wells within one thousand (1,000) feet of the proposed pit boundary. If the application includes a series of backfilled pits, then the applicant shall also demonstrate that the cumulative effects of the multiple backfilled pits will not adversely affect groundwater flow, if there are any active off-site wells within one thousand (1,000) feet of the pit boundaries.
   The applicant shall demonstrate, using MODFLOW (or a similar model of equal capability and proven reliability, as approved by the Director), that the proposed pit design would not adversely impact active off-site wells within one thousand (1,000) feet of the proposed pit boundary or result in well failure.
   Average, historic low groundwater levels, which represent the condition of maximum threat to water levels in the subject well, shall be used for this simulation. If an adverse impact is identified by the MODFLOW (or other approved model) simulation, the mining and reclamation plan shall be modified or the applicant shall submit a written agreement that the well owner has agreed to relocate or redesign the well, or accept the potential impact (at no expense to the County).
   Site-specific aquifer testing shall be conducted, if needed, to determine aquifer properties for the required modeling. (§ 1, Ord. 1191, eff. September 5, 1996; as amended by Ord. 1518, eff. February 13, 2020)