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Western Mutual Ditch Company are private matters and not within [he jurisdiction of the Division or the MLRB. 5. "Applicant shall extend pumping times and otherwise regulate pumping practices to reduce potential impacts on neighboring wells. " Division Response: The apphcant submitted a hydrologic evaluation of potential impacts to nearby wells prepared by Leonard Rice Consulting Water Engineers, Inc. This report evaluates impacts to lowered water levels in wells resulting Gom the dewatering of the 1-acre pit sites Cor dredge construction. The 1-acre starter pit will cause a maximum drop of 5 feet, 2000 feet from the starter pit site if located above the most permeable portion of the aquifer. U addition, mitigation effects of aquifer subflow and recharge will reduce the effects by 50 percent. If this occurs, the impacts to nearby well users will be insignificant. Platte Sand & Gravel will also begin mining as far away from existing wells and as close to the river as allowed. Arty change to this plan will need to be submitted as a revision to the permit. The Division believes that impacts to the surrounding well owners will be minimized. 6. "Once the dredge has been assembled, dewatering activities shall cease. " Division Response: Tn a letter dated April 4, 2001, the Applicant committed to mining only 1 acre (as stated in the original plan) to assemble the dredge and then stop pumping thus allowing water to flow back in the pit and float the dredge. "The Applicant must demonstrate an ability to augment ground water evaporation losses from the pits at jull build out. Applicant currently owns insufficient water jot augmentation. A 112 permit should be made contingent upon Applicant's demonstration of ownership or control of water Buff cient to augment evaporation losses and adjudication oja decreed augmentation plan. " Division Response: Platte Sand & Gravel predicts that 2,274.23 acre-feet of water to evaporate from the exposed lake areas each year. This assumes a -ake surface of 768.32 acres with an average net annual evaporation of 2.96 acre- R/surface acre. The applicant states they have no current water rights to use for make up water. The applicant may not expose groundwater until the Colorado Division of Water Resources, Oll'ice ofthe State Engineer ("OSE"} issues a well permit. The applicant states that a Temporary Substitute Supply Plan ("TSSP'~ and well permit have been filed with the OSE. Tn the TSSP, the applicant states that it has committed to buying water from Longmont to cover the industrial and evaporative uses associated with the operation during the first five years. The applicant has committed that groundwater will not be exposed until they have received necessary approvals from the OSE. ISSUES THAT THE DIVISION BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR THE BOARD 8. "!n the event the Western Munia/ Ditch or its shareholders are inj«red by Applicant's dewatering activities, Applicant shall be required to cease a!! dewatering activity until such injury is remedied and Applicant demonstrates shat no such injury will occur in the future. In addition, Applicant shall be required to compensate Western Mutual Ditch Company jot damages sustained as a result ojany injury caused by Applicant's activities. " Updated List of Objections Withdrawn to Date Objector Dated Received Norman & Judith Swank February 27, 2001 March I, 2001 Mr. James J. Brochard June 2, 2001 June 5, 2001 Marty Block (XCEL ENERGY June 7, 2001 June 7, 2001