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n Addendum and Supplement to the Addendum to the Rationale for Recommendation for Approval, Over Objections; Regular 112 Construction Materials New Application, Platte Sand & Gravel, LLC S & H Mine, File No. M-2000-158 June 13, 2001 Addendum On May 24, 2001, Lind, Lawrence & Ottenhoff LLP a firm representing Western Mutual Ditch Company ("Westem Mutual' petitioned the Mined Land Reclamation Board ("MLRB'~ under Rule 2.7.2 to admit Westem Mutual as a "Party" to the Platte Sand & Gravel, LLC; S & H Mine File No. M-2000-158 proceedings. The MLRB accepted the petition to allow Western Mutual as a Party to this matter but limited party status to the hydrologic issues. This document is an addendum to the "Rationale for Recommendation for Approval Over Objections for the Platte Sand & Gravel, LLC, S & H Mine, File No. M-2000-158" document dated April 6, 2001. The following are issues raised by Western Mutual, in its May I8, 200i letter, and the Division's rationale for the approval recommendation over these concerns and objections to the S & H Mine application, File No. M-2000-158. ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD ':4t the hearing, Western will propose the following !imitations on the Applicant" (Lind, Lawrence & OaenhoJjLLP, May !8, 2001) 1. "Area ojdewatering less than !acre on the entire property at any given time; " Division Response: In a letter dated March 30, 2001, the Applicant committed to limit the area of dewatering 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. Airy deviation from this plan will need to be submitted and approved by the Division. 2. "Dewatering to occur as close ro the South Platte River and as jar from the Ditch as possible; " Division Response: In a letter dated April 4, 2001, the Applicant committed to following the recommendations in the Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as faz from off site wells as possible and as close to the river as practical for the lake azea development. 3. "Mining depth during dewatering limited to !5 feet below the static water level; " Division Response: In a letter dated March 30, 2001, the Applicant committed to the limit the depth of mining to IS feet below the static water level or less during set up of the dredge, to reduce the impacts to the surrounding wells. 4. "No dewatering between March l5 and October l6 ojany given year withart Western's express permission; " Division Response: In a letter dated April 4, 2001, the Applicant committed to mining in each dewatering area to begin early in the summer so that aquifer dewatering is complete prior to the next imgation season. This commitment was recommended in the March 23, 2001 Leonard Rice Report to further minimize impacts to the other groundwater users. Based on the groundwater analysis report prepared by Leonard Rice, the Division found this additional commitment to be adequate to further protect the surrounding well owners. Any further agreements between the Applicant and Western Mutual Ditch Company are private matters and not within the jurisdiction of the Division or the MLRB.