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McCanne Ditch Mitigation Plan <br />1. Sources of Water <br />RMCC and the McCanne Ditch met on August 3, 2009 with their respective <br />engineers, mining consultants, and legal counsel to discuss potential impacts of <br />the proposed amended mining plan on the McCanne Ditch and mitigation <br />alternatives. Based on those discussions, RMCC proposes the following <br />mitigation plan. <br />Currently, there are four (4) principal sources of water that supply the <br />McCanne Ditch in the area affected by RMCC's proposed amended mining plan <br />including the 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 <br />irrigation return flows will be affected by the proposed amended mining plan; of <br />these, the amount of irrigation water available for use by the McCanne Ditch, at <br />any given time, will vary according Petrocco Farms' irrigation practices and the <br />continued use of Petrocco's water rights on its property east of Brighton Road. <br />Both North Tower Lake and Third Creek are outside the amended mining area, <br />and seepage water and direct flows will continue to be available to the McCanne <br />Ditch from these sources. <br />II. Proposed Mitigation Plan <br />A. Mitigation during Mining <br />RMCC will relocate the McCanne Ditch as shown on the amended mining <br />plan. The relocated ditch will be lined with bentonite to minimize leakage. <br />Pursuant to the Carriage Agreement, dated September 13, 2004, between the <br />RMCC and the McCanne Ditch and Reservoir Company, the McCanne has the <br />right to review and comment on RMCC's design plans and specifications for <br />relocation of the ditch. <br />During mining and backfilling of the ARA properties, RMCC will pump <br />ground water from the active pit area directly into the McCanne Ditch as opposed <br />to the South Platte River. Pumping from the active mining area would include <br />surface runoff from the Petrocco property in the vicinity of East 144' Ave. The <br />McCanne Ditch has advised RMCC that it will accept this water as it is pumped <br />from the mining operation provided that it does not adversely affect the ditch. <br />RMCC will work with the McCanne Ditch to make sure that the capacity of the <br />8/26/2009