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Final Compensatory Mitigation and Monitoring Plan—Version 2.0 <br />Climax Mine Overburden Storage Facility Expansion (SPK-2013-00045) <br />March 2017 Bikis Water Consultants, a division of SGM Page 25 <br />13.0 ADAPTIVE MANAGEMENT PLAN <br />The basic concepts of the adaptive management plan are to: 1) identify problems related to the <br />mitigation design and modifying the construction approaches to meet performance standards; 2) <br />ensuring the success of the mitigation wetland design by implementing corrective actions if <br />issues arise; and 3) notifying the Corps if those changes and actions are substantial. Adaptive <br />management is part of the overall wetland construction and monitoring process. Climax will be <br />responsible for adaptive management; however, Climax may elect to retain a wetland consultant <br />to provide project management and monitoring, and that firm will be responsible for <br />implementing adaptive management during construction and monitoring. <br />Adaptive management will be applied during all phases of construction. Any elements of the <br />plan that could be problematic such as time of year of construction, expected soil and <br />groundwater conditions, and/or materials proposed will be addressed, if needed. Minor <br />modifications to the plan may occur and will be documented, such as changes in materials, how <br />the project stages are implemented, and changes in soil materials. More substantive changes, <br />such as major deviations from design final elevations such that a different wetland plant <br />community or HGM type would be the final product will be submitted to the Corps for prior <br />approval. <br />Deficiencies from follow-up observations and monitoring will be corrected as soon as possible. <br />14.0 WATER RIGHTS <br />Climax holds a large portfolio of water rights that include diversions to tailing storage and other <br />Climax facilities. The Climax decree in consolidated Case Nos. 92CW233 and 92CW336 <br />changed the portfolio of Climax water rights to include numerous uses, including “mining, <br />milling, industrial, irrigation, agricultural, and any other beneficial purpose” (paragraph 3.4.1). <br />The decree quantifies the Climax water rights in terms of historical consumptive use credit, <br />including flow rates and monthly, annual, and five-year volumetric limits for future consumptive <br />uses at the Climax Mine property. The decree also allows storage of water under the various <br />water rights at reservoirs and tailing impoundments at Climax. Furthermore, the decree includes <br />formulae for calculation of ongoing consumptive uses for the various types of ongoing activities.