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• ~ III IIIIIIIIIIIIIIII <br />Addendum and Supplement to the Addendum to the <br />Rationale for Recommendation for Approval, Over Objections; Regular 112 <br />Construction Materials New Application, <br />Platte Sand & Gravel, LLC <br />S & H Mine, File No. M-2000-158 <br />June l3, 2001 <br />Addendum <br />On May 24, 2001, Lind, Lawrence & Ottenhoff LLP a firm representing Western Mutual Ditch Company ("Westem <br />Mutual") petitioned the Mined Land Reclamation Board ("MLRB") under Rule 2.7.2 [o admit Westem Mutual as a <br />"Party" to the Platte Sand & Gravel, LLC; 5 & H Mine File No. M-2000-158 proceedings. The MLRB accepted [he <br />petition to allow Western Mutual as a Parry to this matter but limited party status to the hydrologic issues. <br />This document is an addendum to the "Rationale for Recommendation for Approval Over Objections for the Platte <br />Sand & Gravel, LLC, S & H Mine, File No. M-2000-158" document dated April 6, 2001. The following are issues <br />raised by Westem Mutual, in its May 18, 2001 letter, and the Division's rationale for [he approval recommendation <br />over these concerns and objections to the S & H Mine application, File No. M-2000-158. <br />ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND THE BOARD <br />"At the hearing, Western will propose the following litnitntions on the Applicant" (Lind, Lawrence & Ottenhoff LLP, <br />May /8, 2001) <br />"Area of dewatering less than !acre on the entire property at arty given time; " <br />Division Response: in a letter dated March 30, 2001, the Applicant committed to limit the area of dewatering to one <br />(1) acre or less in each lake azea as recommended in the March 23, 2001 Leonard Rice Consulting Water Engineers <br />Report submitted to the Division. Any deviation from [his plan will need to be submitted and approved by [he <br />Division. <br />2. "Dewatering to occur as close to the Sottth Plntte River and as far from the Ditch as possible; " <br />Division Response: In a letter dated April 4, 2001, the Applicant committed to following the recommendations in <br />the Leonard Rice Report dated March 23, 2001. Specifically, mining in each lake area will be done as far from off <br />site wells as possible and as close to the river as practical for the lake area development. <br />3. "Mining depth during dewatering limited to /~ jeer below rite static water level; " <br />Division Response: In a letter dated March 30, 2001, [he Applicant committed to the limit the depth of mining to <br />I S fee[ below the static water level or less during set up of the dredge, to [educe the impacts to the surrounding wells. <br />4. "No dewatering between March l i and October 16 of any given year without Western's express permission; " <br />Division Response: In a letter dated April 4, 2001, the Applicant committed to mining in each dewatering area to <br />begin early in the summer so that aquifer dewatering is complete prior to the next irrigation season. This <br />commitment was recommended in the March 23, 2001 Leonard Rice Report [o further minimize impacts [o the other <br />groundwater users. Based on the groundwater analysis report prepared by Leonard Rice, the Division found this <br />additional commitment [o be adequate to further protect the surrounding well owners. Any further agreements <br />