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<br /> <br />5. "Applicant installs two measuring weirs and cloclu prior to the commencement ojdewatering to measure the eJject <br />ojdewater activities on the Ditch; " <br />Division Response: Mining in each lake area will be done as Car Gom off site wells as possible and as close to the river <br />as practical for the lake area development. The closest dewatering distance [o the Westem Mutual Ditch will be greater <br />than 1000 feet In addition, the Westem Mutual Ditch is situated at an elevation higher than the mining operation and <br />the groundwater table is over seven feet below the surface. Based on the limited dewatering activity to no greater than <br />one acre in size, the predicted cone of depression will not extend to the ditch, however, since the ditch is situated at an <br />elevation higher than the groundwater surface, whether the cone of depression will extend to the ditch is irrelevant. <br />Once the 1-acre dewatering pit is completed, the remainder of the site will be wet mined. Therefore, the Division does <br />not believe that measuring weirs and clocks are necessary. <br />6. `7Jo mining activity within 150' ojthe Ditch " <br />Division Response: The Division has approved two approaches to protect structwes within 200 feet of the affected <br />land; obtain agreements with persons having an interest in the structure or maintain mining setbacks using the following <br />formula: <br />(setback distance) + (1.25 x pit depth) =mining ojjset distance <br />Tn 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, the <br />total mining offset distance would be 125 feet. <br />ISSUES THAT THE DI VISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR <br />THE BOARD <br />'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 Ditch or its <br />shareholders" <br />9. "No use ojDitch access road without Western's express permission. " <br />