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Supplement to the Addendum On June 4, 2001, a second Pre-Hearing Conference was held a[ Division of Minerals and Geology offices. A[ that conference, two Pre-Hearing Statements on behalf of Westem Mutual and Michael Ptasnik and one additional exhibit on behalf of objectors Rippe, Ptasnik and Scott were presented. The following are issues of concern to Westem Mutual and Michael Ptasnik as noted in the Pre-Hearing Statements and the Division's rationale for the approval recommendation over various concerns and objections to the S & H Mine application, File No. M-2000-158. Issues from the Pre-Hearing Statement of Western Mutual Ditch Company ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD "The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring a[[tevial welts. At a minimum, the following conditions should be imposed on the Applicant: " I. "No dry mining of any kind (with limited erceprion-see below) shall be permitted without re-application to the Mined Land Reclnrnation Board. Applicant shall notify all parties to the present App[icatiort proceeding by mail of any re-application seeking increased de-watering activities." Division response: If an operator wishes to change any aspect of the reclamation permit, the permit must be modified to allow for this change. That modification may take the form of a technical revision (a change in the permit which does not have more than a minor effect upon the approved Reclamation Plan) or amendment (a change in the permit or an application which increases the acreage of the affected land, or which has a significant effect upon the approved Reclamation Plan). In this case, the Division would prefer not to condition the permit to require the operator to notify all parties, however, the Boazd has the option to do so. "De-watering activity shall be limited to the creation of a 'starter pit' jot the assembly of the wet training dredge, and the fo[lotving restrictions shall apply: "No more than 1 acre on the entire property that is the subject of the application shall be de-watered at any one rime. " Division Response: In a letter dated March 30, 2001, the Applicant committed [o limit [he area of dewa[ering to one (1) acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers Report submitted to the Division. Any deviation from this plan will need to be submitted and approved by the Division. 3. "Any stoner pit shall be constructed as far from any neighboring wells as possible, as close (toJ the South Platte River as possible, and in nreas of reduced aquifer trartsmissiviry. " Division Response: In a letter dated April 4, 2001, the Applicant committed to following the recommendations in the Leonard Rice Report dated March 23, 200]. Specifically, mining in each lake area will be done as far from off site wells as possible and as close to the river as practical for the lake area development. 4. "De-watering activities shall occur only between the months of October and March, inclusive. " Division Response: The Division does not see how the limitation of dewatering activities to certain times during the year would have any effect on [he operation of [he Westem Mumal Ditch since the lowest patt of the ditch is 10 to 20 feet above the highest part of the land surface to be mined (see Pre-Mining Map Exhibit C and Mining Plan Map Exhibit C-1). The Division has answered in numbers 2 and 4 of the Addendum to the Rationale (see above) how the operator has limited the dewatering activities [o protect other groundwater users with wells in the vicinity of the operation.