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t~J <br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD, STATE OF COLORADO <br />STATE OF COLORADO <br />File No. M-2000-158 <br />PREHEARING STATEMENT OF MICHAEL PTASNIK <br />S & H MINE 112 NEW PERMIT APPLICATION <br />PLATTE SAND AND GRAVEL, LLC, APPLICANT <br />Michael Ptasnik, by and through his attorneys, P. Andrew Jones and Kim R. Lawrence, <br />Lind, Lawrence & Ottenhoff LLP presents the following Prehearing Statement. <br />FACTUAL AND LEGAL ISSUES <br />The Applicant must demonstrate that the proposed de-watering activities will not <br />injure neighboring alluvial wells. At a minimum, the following conditions should be <br />imposed on the Applicant: <br />A. The Applicant shall wet mine the property only, with the limited exception set <br />forth below. No dry mining of any kind shall be permitted without re- <br />application to the Mined Land Reclamation Board. Applicant shall notify all <br />parties to the present Application proceeding by mail of any re-application <br />seeking increased de-watering activities. <br />B. De-watering activity shall be limited to the creation of a "starter pit" for the <br />assembly ofthe wet mining dredge, and the following restrictions shall apply: <br />No more than 1 acre on the entire property that is the subject of the <br />application shall be de-watered at any one time. <br />II. Any starter pit shall be constructed as far from any neighboring wells <br />as possible, as close the South Platte River as possible, and in areas <br />of reduced aquifer transmissivity. <br />III. De-watering activities shall occur only between the months of October <br />and March, inclusive. <br />F:\KIM\Ptasnik, Michael\Ot Ofi04 DMG Pre-Hearing Statement.wpd <br />