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by Division 2 water court. Please provide proof that the use for the decreed water has been <br />changed from Irrigation use to Mining." <br />Response: It is unnecessary for the Operator to demonstrate that he has water rights for water <br />storage and evaporative loss. The post mining land use is water storage facility. Any stored <br />water and water loss due to evaporation is the facility owner's own loss since it will be <br />purchased water and not tributary water. No tributary ground water will be exposed during <br />mining operations since the slurry wall will be designed, constructed and certified to effectively <br />exclude inflow of tributary ground water. The pit will be dry mined after being dewatered. <br />The Operator will- need some potable and• water for dust control. The estimated- water need for <br />dust control is 4.5 acre=feet per year. The- Operator will purchase this water. Potable water will <br />be provided from the operations existing turf farm facility. <br />D) "The applicant states, `it will be in compliance with all Federal and Colorado dredge and <br />fill regulatory requirements.' The:Divasion as stated.eaxlier.is.a bit.confused, the.purpose of <br />placing a slurry wall and dewatering the pit is to mine it dry. Please explain." <br />Response: Tile Applicant iriterid~ td dewater tlli~ pit and mine it dry. <br />E) "The applicant proposes to build a 20 foot and 15 foot dam embankment, which requires <br />prior approval from the Division of Water Resources Dam Safety branch. In addition, IJRMS <br />will •need a-copy-of the approvedplan; design .so if additional -warranty -is-needed. It-is -the <br />understanding of the Division that these dams will.be permanent structures..and.will_not hav~.to <br />be removed as part of the post mining land use and all part of the DAM will be incised. Please <br />explain." <br />Response: The Applicant will need approval of the reservoirs structures prior to construction. <br />The Conceptual Engineering Designs, show a dam, however since the concept drawings are <br />always changing it is now been decided to not build the dam as shown on the drawing figure 2.1 <br />HYDRAULIC SCHEMATIC RESERVOIR OPTION 2. Therefore no dam embankment is <br />planned. No permanent dam is planned in the reclamation. <br />F) "It is the understanding of the Division, all GW wells noted during the pre-operational <br />Inspection belonged to the applicant. Please verify." <br />Response: Please see the WELL INFORMATION REPORTS; OWNERSHIP & <br />LOCATION as shown previous. Others own some of the wells. The information was obtained <br />yesterday Apri128, 2008 from the SEO division 2 Pueblo Office. The exhibits are true and <br />correct to the best of the Applicants knowledge. <br />