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6. Holding Ponds <br /> NPDES Permit CO0048939 originally required that water which collected in the <br /> retention ponds be pumped downstream before use of the ponds for processing. The <br /> permit was renewed in 2015 as an individual permit, and now states, "the sole industrial <br /> activity presently conducted at the facility is limited to the removal of existing raw <br /> materials from the facility for off-site processing". The permit CO0048939 is current(last <br /> monitoring report is dated 12-9-2017), and now covers stormwater run-off from tailings <br /> piles. As stated previously, a copy of the renewed permit is enclosed (Exhibit#3). <br /> Colorado Division of Water Resources does not allow use of surface water without a <br /> water right. The basis of all water rights in Colorado is the Appropriation Doctrine (in <br /> short, 1st in time, 1st in right). I do not have a right to use surface water from Cripple <br /> Creek, and am not processing on site at this time. If I do process on site again, I will <br /> amend my NPDES permit and will purchase water and haul it in. <br /> EXHIBIT D-Reclamation Plan(Rule 6.3.4) <br /> The final reclamation Plan for the Scott Blue II claim remains basically unchanged, other <br /> than slopes will be at 3:1 rather than 6:1. See Exhibit #4, Final Reclamation Map. <br /> Topsoil has been covered with clean rock and protected until final reclamation takes <br /> place. <br /> There are, however, changes to the interim reclamation plan. <br /> 7. Cripple Creek Reclamation Details <br /> Head Cut Repair <br /> The dry stream channel is about 80 feet wide at the north end of the Scott Blue II claim. <br /> This is the area where soil from the adjacent property slumped downslope onto the claim, <br /> leaving a deep cut. That cut has been partially refilled, and is presently about 4-5 feet <br /> deep. <br /> This area, on Lainio's private land, will be repaired in the summer of 2018, when the <br /> creek is dry, by placing relatively small to medium sized rock at the low area that failed, <br /> keying the rocks into the banks, and creating a loose rock checkdam and spillway with <br /> rock placed at the base to prevent erosion when there are surface flows. Details about <br /> rock placement include placing the rock across the gully with the objective of controlling <br /> channel erosion along the gully bed. A diagram was included with the amendment. Areas <br /> of bare soil on the east claim boundary (30 foot wide permit amendment area) will be <br /> recontoured, and this area and the low 2 foot drainage control berm and adjacent areas <br /> will be seeded using the seed mix in my State Reclamation Plan. The seed mix will be <br /> free of noxious weeds. <br /> I will then construct a stable berm along the north boundary of the claim using the clay <br /> substrate material that is stockpiled near the waste rock tailings and ore. This berm will <br /> be approximately 3-4 feet in height, and due to the high clay content, will be stable. This <br /> berm will deflect stormwater and snowmelt water from off-site around the north end of <br /> the claim to the existing Cripple Creek channel that flows to the west onto private land. <br /> 3 <br />