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