2009-08-19_REVISION - M1987049 (3)

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Applicant's Responses: a. Office of the State Engineer: Following approval of the Bromley Lakes permit amendment (AM -02), the applicant will obtain the necessary well permit and approved Substitute Water Supply Plan from the SEO. b. Colorado State Historic Society: In the event that human remains are discovered during mining activities, the applicant will adhere to the requirements under C.R.S. 24-80-1301 et seq. pertaining to unmarked human graves, as provided in the comment letter from the Colorado State Historical Society. c. Army Corps of Engineers: The Applicant will obtain authorization from the U.S. Army Corps of Engineers, under Section 404 of the Clean Water Act, prior to relocating the McCanne Ditch. d. McCanne Ditch and Reservoir Company: The Bromley Lakes 112 Permit (No. 1987-049) was approved by the Colorado Division of Minerals and Geology (DMG) On September 30, 1987. The approved mining and reclamation plans (Exhibits C and F attached) include the relocation of several sections of the McCanne Ditch including a section located in the southeast corner of what was originally identifies as mining stage VIII. Prior to their approval, the Division stipulated (Stipulation No. 2) that: "The permit will not issue until the Division receives an agreement between the operator and the McCann Ditch association (sic). " On May 27, 1987 the Division received a copy of the requested agreement between Ready Mixed Concrete Company and the McCanne Ditch and Reservoir Company (see attached). Amendment No. 002 of permit M-1987-049 proposes to revise the alignment of the southeast section of the McCanne Ditch from the realignment previously approved by the Division in 1987. Proposed McCanne Ditch Mitigation Plan I. Sources of Water RMCC and the McCanne Ditch met on August 3, 2009 with their respective engineers, mining consultants, and legal counsel to discuss potential impacts of the 8/19/2009