2012-11-07_REVISION - M1995030 - Laserfiche WebLink

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ENVIRONMENT, INC. PAGE 5 NOVEMBER 6, 201 2 The reason the road is not show in entirety along the north side of the reclaimed is because it will intersect an existing road that is used for access to the property on the north. The off mine por- tions of the road are shown as parallel dashed lines. McAtee Construction Co. owns the property to the north so sharing the road will be no problem. 6.4.7 Exhibit G -Water Information 15. The applicant has stated a court approved augmentation plan allows McAtee to expose 5.1 acres of water. The Division is aware that McAtee Construction Company is in the process of amending the augmentation plan to cover the exposed groundwater at the Green Brothers Pit M- 1977 -076. Please explain how this will affect the amount of water which can be exposed at the Green Bros Pit No 2. After the exposed groundwater at the Green Brothers Pit is factored into the augmenta- tion plan will there still be a surplus of 2.34 acres which can be exposed at the Green Bros Pit No 2. At this time McAtee Construction Co. has their water attorney and a Water Engineering consulting firm working on a revision to the amendment for the existing Augmentation plan filed with the Water Court (Case # 2009CW151). This change will incorporate Green Brothers Pit #1, post 1980 exposed water, into the augmentation plan. A flexible plan that allows McAtee to purchase water shares for future expansion of the lake area in Green Bros #2 Pit is in the amendment. This plan provides for purchase the necessary amount of water prior to expanding the lake area so there is enough water available when needed. In September 2012 the existing lake area in the mine covered approximately 2.22 acres. This changes the surplus to 2.88 acres ±. In the preliminary estimate for Green Bros #1 there are 1.50 acres of post -1980 water that needs to be incorporated into the augmentation plan. This leaves 1.38 acres of surplus for future expansion in the mine under the approved augmentation plan. Until the exact number of acres of post 1980 water can be determined in Green Bros #1 the exact amount of new area that can be opened is unknown. This affects the long term plans and limits the ability to open new lake area, but at this time we have an adequate supply of processed material in the Plant Site area and can obtain another 3 to 5 years of material from the existing lake area without expanding it. 16. The applicant has stated that a Temporary Substitute Water Supply Plan may be used while waiting for the courts to approve an amended augmentation plan. The Division's groundwater policy requires that the Operator covers the liability of exposed groundwater through one of the following approaches: 1) File a financial warranty that will ensure backfilling of the pit to cover exposed groundwa- ter to a depth of two feet above the static groundwater level. 2) Obtain a court approved augmentation plan prior to exposing groundwater. 3) File a financial warranty to cover the cost of installing a clay liner or a slurry wall that meets the Division of Water Resources requirements for preventing groundwater exposure. 4) Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO's requirements pursuant to 37 -90 -137.