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BEFORE THE MANED LAND RECLAMATION BOARD, STATE OF COLORADO <br /> STATE OF COLORADO <br /> File No. M-2000-158 <br /> PREHEARING STATEMENT OF WESTERN MUTUAL DITCH COMPANY <br /> S & H MINE 112 NEW PERMIT APPLICATION <br /> PLATTE SAND AND GRAVEL, LLC, APPLICANT <br /> Western Mutual Ditch, by and through its attorneys, P. Andrew Jones and Kim R. <br /> Lawrence, Lind, Lawrence & Ottenhoff LLP presents the following Prehearing <br /> Statement. <br /> FACTUAL AND LEGAL ISSUES <br /> 1. The Applicant must demonstrate that the proposed de-watering activities will not <br /> injure the Western Mutual Ditch or its shareholders. At a minimum, the following <br /> conditions should be 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 of the wet mining dredge, and the following restrictions shall apply: <br /> I. 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 the Western Mutual <br /> Ditch as possible, as close the South Platte River as possible, and in <br /> areas of reduced aquifer transmissivity. <br /> III. De-watering activities shall occur only between the months of October <br /> and March, inclusive. <br /> FAKIM\WESTERN.MUT,Platte Sand\Pleadings\010604 DMG Pre-Hearing Statement.wpd <br />