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<br />between the Applicant and Westem Mutual Ditch Company are private matters and not within the jurisdiction of <br />the Division or the MLRB. <br />5. "Applicant installs two measuring weirs attd clocks prior to the commencement of dewarering to measure the effect <br />of dewater activities on the Ditch; " <br />Division Response: lvtining in each lake area will be done as far from off site wells as possible and as close to [he <br />river as practical for [he lake area development. The closes[ dewarering distance to the Westem Mutual Ditch will <br />be greater than 1000 feet. In addition, the Westem Mutual Ditch is situated at an elevation higher than the mining <br />operation and the groundwater table is over seven feet below the surface. Based on the limited dewa[ering activity <br />to no greater than one acre in size, the predicted cone of depression will not extend to the ditch, however, since the <br />ditch is situated at an elevation higher than the groundwater surface, whether the cone of depression will extend to <br />[he ditch is irtelevant. Once the 1-acre dewarering pit is completed, the remainder of the site will be we[ mined. <br />Therefore, the Division does not believe that measuring weirs and clocks are necessary. <br />6. "No mining activity within 150' of the Ditch" <br />Division Response: The Division has approved two approaches to protect structures within 200 feet of the affected <br />land; obtain agreements with persons having an interest in the structure or maintain mining setbacks using the <br />following formula: <br />(setback distance) + (1.25 x pit depth) =mining offset distance <br />In the case of Westem Mutual Ditch, the Applicant committed to an initial 50-foot setback distance. If the pit is <br />mined to a depth of 60-feet, then an additional 75-foot setback would be required (1.25 • pit depth). Therefore, <br />the total mining offset distance would be 125 feet. <br />ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION <br />OR THE BOARD <br />7. "No.water to be discharged to the Western Mutual Ditch; " <br />8. "Applicant to pay damages, including attorneys fees and costs, in the event of any injury to the Ditcl: or its <br />shareholders" <br />9. "No use of Ditch access road without Western's express permission. " <br />