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<br />IV. Applicant shall extend pumping times and otherwise regulate pumping <br />practices to reduce potential impacts on neighboring wells. <br />V. Once the dredge has been assembled, de-watering activities shall <br />cease. <br />VI. In the event the Western Mutual Ditch or its shareholders are injured <br />by Applicant's dewatering activities, Applicant shall be required to <br />cease all de-watering activity until such injury is remedied and <br />Applicant demonstrates that no such injury will occur in the future. In <br />addition, Applicant shall be required to compensate Western Mutual <br />Ditch Company for damages sustained as a result of any injury <br />caused by Applicant's activities. <br />VII. No water shall be discharged to the Western Mutual Ditch. <br />VIII. The Applicant shall install two measuring weirs and clocks priorto the <br />commencement of dewatering to measure the effect of dewatering on <br />the Ditch. Both the Applicant and Western Mutual Ditch Personnel <br />shall have ready access to these structures and records. <br />IX. Mining depth shall be limited to fifteen feet below the static water <br />level. <br />2. The Applicant must demonstrate an ability to augment ground water evaporation <br />losses from the pits at full build out. Applicant currently owns insufficient water for <br />augmentation. A 112 permit should be made contingent upon Applicant's <br />demonstration of ownership or control of water sufficient to augment evaporation <br />losses and adjudication of a decreed augmentation plan. <br />EXHIBITS <br />Leaf Engineering Letter Reports dated February 28, 2001, March 26, 200, and May <br />31, 2001. <br />Copies of water decrees for the Western Mutual Ditch. <br />3. The permit application, all materials submitted by Applicant to the Division of <br />Minerals and Geology, and all correspondence between the Division and the <br />Applicant. <br />F:\KIM\WESTERN.MUTPIatte Sand\Pleatlings\010604 DMG Pre-Hearing Statement.wpd <br />2 <br />