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<br />hetween the Applicant and Westem Mutual Ditch Company are private matters and no[ within the jurisdieNOn of <br />the Division or the MLRB. <br />5. "Applicant shall extend pumping times and otherwise reg[[[ale pumping practices to reduce potential impacts ot: <br />neighboring wells." <br />Division Response: The applicant submitted a hydrologic evaluation of potential impacts to nearby wells prepared <br />by Leonard Rice Consulting Water Engineers, Inc. This report evaluates impacts to lowered water levels in wells <br />resulting from the dewatering of [he I-acre pi[ sites for dredge construction. The 1-acre starter pit will cause a <br />maximum drop of 5 feet, 2000 fee[ from the starter pit site if located above the most permeable portion of the aquifer. <br />In addition, mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs, <br />the impacts to nearby well users will be insignificant. Platte Sand & Gravel will also begin mining as far away from <br />existing wells and as close to the river as allowed. Any change to this plan will need to be submitted as a revision <br />to the permit. The Division believes that impacts to the surrounding well owners will be minimized. <br />6. "Once the dredge has been assembled, dewatering activities shall cease. " <br />Division Response: Tn a letter dated April 4, 2001, the Applicant committed to mining only 1 acre (as stated in the <br />original plan) to assemble the dredge and then stop pumping thus allowing water to Flow back in the pit and Float <br />the dredge. <br />"The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at full build <br />out. Applicant currently owns insufficient water for augmentation. A 112 permit should be made contingent upon <br />Applicant's demonstration of ownership or control of water sufficient to augment evaporation losses and <br />adjudication of a decreed augmentation plan. " <br />Division Response: Platte Sand & Gravel predicts that 2,274.23 acre-feet of water to evaporate from the exposed <br />lake areas each year. This assumes a lake surface of 768.32 acres with an average net annual evaporation of 2.96 <br />acre-fUsurface acre. The applicant stales they have no torten[ water rights to use for make up water. The applicant <br />may not expose groundwater until the Colorado Division of Water Resources, Office of the State Engineer ("OSE") <br />issues a well permit. The applicant states that a Temporary Substitute Supply Plan ("TSSP") and well permit have <br />been filed with the OSE. In the TSSP, the applicant states that it has committed to buying water from Longmont <br />to cover the industrial and evaporative uses associated with the operation during the first five years. The applicant <br />has committed that groundwater will not be exposed until they have received necessary approvals from the OSE. <br />ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION <br />OR THE BOARD <br />"In the event the Western Mutual Ditch or its shareholders nre injured by Applicant's dewatering activities, <br />Applicant shall be required to cease all dewatering activity until such injstry is remedied and Applicant demonstrates <br />that no such injury will occur in the future. !n addition, Applicant shall be required to compensate Westem Mutual <br />Ditch Company for damages st~stnined as a result of any injury caused by Applicant's activities. " <br />Updated List of Objections Withdrawn to Date <br />b'ector Dated Received <br />Notman & Judith Swank February 27, 2001 March I, 2001 <br />Mr. James J. Brochard June 2, 2001 June 5, 2001 <br />Marty Block (XCEL ENERGY) June 7, 2001 June 7, 2001 <br />