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<br />ISSUES THAT THE D[VLSION BEL~VES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION <br />OR THE BOARD <br />10. "No wafer shall be discharged to the Western Mutual Ditch; " <br />I I. "/n the event the Western Mutun[ Ditch or its shareholders are inj«red 6y Applicant's dewatering activities, <br />Applicant shall be required to cease al! dewatering activity [tali( such injury is remedied and Applicant demonsrrntes <br />that no setch injury will occur in the fi«ure. In addition, Applicant shall be required to compensate Western Mutual <br />Ditch Company for damages sustained as a rest[([ of any injury caused by Applicant's activities. " <br />12. "No use of Ditch access road withot[[ Western's express permission." <br />Issues from the Pre-Hearing Statement of Michael Ptasnik <br />ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD <br />"The Applicant must demonstrate that the proposed de-watering activities will not injure neighboring alluvial wells. <br />At a minimum, the following conditions should be imposed on the Applicant: " <br />1. "No dry mining of any kind (with limited exception-see below) shall be permitted without re-application to the <br />Mined Land Reclamation Board. Applicant shaft notify all parties to the present Application proceeding by mail <br />of any re-application seeking increased de-watering activities. " <br />Division response: If an operator wishes to change any aspect of the reclamation permit, the permit must be modified <br />to allow for this change. That modification may take the form of a technical revision (a change in the permit which <br />does not have more than a minor effect upon the approved Reclamation Plan) or amendment (a change in the permit <br />or an application which increases the acreage of the affected land, or which has a significant effect upon the <br />approved Reclamation Plan). In this case, the Division would prefer not to condition the permit to require the <br />operator to notify all parties, however, the Board has the option to do so. <br />"De-watering activity shaft be limited to the creation of a 'starter pit' for the assembly of the wet mining dredge, and <br />the following restrictions shall apply: <br />"No more Than 1 acre on the entire property that is the subject of the application shall be de-watered at any one <br />time. " <br />Division Response: In a letter dated Mazch 30, 2001, the Applicant committed to limit the area of dewatering to one <br />(1) acre or less in each lake area as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers <br />Report submitted to the Division. Any deviation from this plan will need to be submitted and approved by the <br />Division. <br />3. "Any starter pit shall be constructed as far from any neighboring wells as possible, as close (tot the Sottth Platte <br />River as possible, and in areas of reduced aquifer transmissiviry. " <br />Division Response: In a letter dated April 4, 2001, the Applicant committed to following the recommendations in <br />the Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as far from off <br />site wells as possible and as close to the river as practical for the lake area development. <br />4. "De-watering activities shall occur only between the montJ:s of Dctober and March, inclusive. " <br />Division Response: In a letter dated April 4, 2001, the Applicant committed to mining in each dewatering area to <br />begin early in the summer so that aquifer dewatering is complete prior to the next irrigation season. This <br />commitment was recommended in the March 23, 2001 Leonard Rice Report to further minimize impacts to the other <br />groundwater users. Based on the groundwater analysis report prepared by Leonard Rice, the Division found this <br />additional commitment to be adequate to further protect the surrounding well owners. Any furher agreements <br />