2018-05-30_PERMIT FILE - M2017032

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Deep Cut LLC - 22 West Pit Page 11 Adequacy response 01 Permit # M-2017-032 a. File a financial warranty to ensure backfilling of the pit to cover exposed groundwater to a depth of two feet above static water level, or This is cost prohibitive for the operator and there are other alternatives to obtain compliance with the Water Regulations noted. Now that the SWSP has been filed, it's not necessary to bond for backfilling the lake area. b. Obtain a water court approved augmentation plan prior to exposing groundwater, or This is not needed until within 3 years of completion of mining. The expected life of this mine, even excluding the Northeast area is in excess of 10 years so this is not required at this time. c. File a financial warranty to cover the costs of installing a clay liner or slurry wall that meets DWR requirements for preventing groundwater exposure, or Again this is cost prohibitive and there is no market in this area for water storage at this time. As noted before there is an alternative to cover evaporative losses from the exposed water area. d. Obtain approval from DWR that acknowledges compliance with the SEO's requirements pursuant to C.R.S.37-90-137(11). The application indicates a water court approved an augmentation plan is not currently in place for the existing 12.65 acres of groundwater exposed on site, Therefore, prior to the application decision date, the applicant must either submit a revised Exhibit L to include costs for backfilling the pits to a depth of two feet above static water level, or provide documentation from the SEO confirming the operator has committed the appropriate amount of water shares toward an augmentation plan for the site. Based on information provided in the application, backfilling the existing post-1981 exposure would require costs to backfill the larger pond (11.6 acres)to a depth of approximately 20 feet, and the smaller pond (1.05 acre)to a depth of approximately 15 feet. Please keep in mind,prior to expanding the pond, the Division will require one of the same two options given above for the increased exposure. Given that the first mining phase would include connecting the two ponds, the Division recommends the applicant, at a minimum, commit water shares to cover estimated groundwater exposure through the first mining phase. Thank you for this information. Deep Cut, LLC has retained Bishop-Brogden Associates - Water Engineers to prepare a Substitute Water Supply Plan (SWSP) using shares of water stock owned by the company. The SWSP was filed with the State Engineers Office on May 2, 2018 to cover the post 1981 water area. This plan will cover the 22 west Pit lake area starting on August 1, 2018. Until then the Valco, Inc. SWSP that expires on 7/31/18 covers the mine. Copies of the Valco SWSP plan and the Deep Cut LLC plan are attached for the file. 27) Pursuant to Rule 6.4.7(5),please affirmatively state that you have acquired or applied for a National Pollutant Discharge Elimination System (NPDES)permit from the CDPHE Water Quality Control Division, if necessary.