2009-08-19_REVISION - M1987049 (3)

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proposed amended mining plan on the McCanne Ditch and mitigation alternatives. Based on those discussions, RMCC proposes the following mitigation plan. Currently, there are four (4) principal sources of water that supply the McCanne Ditch in the area affected by RMCC's proposed amended mining plan including the following: 1. Ground water; 2. Irrigation return flow from Petrocco Farms; 3. North Tower Lake (Carlson); and 4. Third Creek. Of the four water sources mentioned above, only ground water and surface irrigation return flows will be affected by the proposed amended mining plan; of these, the amount of irrigation water available for use by the McCanne Ditch, at any given time, will vary according Petrocco Farms' irrigation practices and the continued use of Petrocco's water rights on its property east of Brighton Road. Both North Tower Lake and Third Creek are outside the amended mining area, and seepage water and direct flows will continue to be available to the McCanne Ditch from these sources. II. Proposed Mitigation Plan A. Mitigation during Mining RMCC will relocate the McCann Ditch as shown on the amended mining plan. The relocated ditch will be lined with bentonite to minimize leakage. Pursuant to the Carriage Agreement, dated September 13, 2004, between the RMCC and the McCanne Ditch and Reservoir Company, the McCanne has the right to review and comment on RMCC's design plans and specifications for relocation of the ditch. �Dn muu�ng>and backfilling of the ARA properties, RMCC will pump ground water from the active pit area directly into the McCanne Ditch as opposed to the South Platte River. Pumping from the active mining area would include surface runoff from the Petrocco property in the vicinity of East 144th Ave. The McCanne Ditch has advised RMCC that it will accept this water as it is pumped from the mining operation provided that it does not adversely affect the ditch. RMCC will work with the McCanne Ditch to make sure that the capacity of the ditch is not exceeded by the addition of dewatering water. The McCanne Ditch will determine whether and how it is entitled to take credit for this water under Colorado's priority system. Currently, surface runoff from Petrocco's property is collected in a drainage ditch on the east side of Brighton Road and is transported under the road to a ditch along the south side of the Arends property. Water is carried in this ditch to the southwest corner of the Mends property, at which point it is dispersed on to the hillside above the McCanne Ditch. A portion of the dispersed water reaches the McCanne Ditch. Prior to the start of mininRMCC; will improve and line with bentonite the ditch 8/19/2009 18