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Messrs. Morley & Gagliano <br />Page 4 <br />December 24, 2012 <br />b. Please provide groundwater monitoring well locations and historic groundwater <br />level measurements. <br />10. The third page of Exhibit D references a "Design Report for the Phase One Reservoir <br />prepared for the Office of the State Engineer" in Appendix IV. The Division could not <br />find Appendix IV. Please submit Appendix W. <br />11. Relocation of the Excelsior Ditch. Exhibit D indicates the relocated ditch will be <br />engineered to carry the historical volume of water. Section (c) identifies the Excelsior <br />Ditch Company as the entity that has operational control over the Excelsior Ditch. <br />a. Please provide documentation that the Excelsior Ditch Company is aware of the <br />proposed relocation and satisfied with the design and construction oversight <br />proposed for the relocation. <br />b. Are the plans to relocate the ditch tied to various mining phases presented in <br />Exhibit C? Depending on the schedule, the Division may require relocation <br />costs be included in the bond. Please provide a schedule and map indicating <br />which sections of the Excelsior Ditch will be relocated, their proposed <br />alignment, and when each section is to be moved. <br />12. Water pipelines: <br />a. What is the purpose of the proposed buried water delivery pipelines? How do <br />the support the post mine land use for rangeland or developed water resource? <br />b. If the pipelines are integral to the reclamation plan, is there engineering and <br />construction oversight identified to ensure the proposed use is achieved? <br />c. Please show approximate locations of the proposed water delivery pipelines on <br />Exhibit C and/or Exhibit F as appropriate. <br />13. Section (c). Water Diversions and Impoundments — Assuming the Applicant intends the <br />post mine land use to be a developed water resource, the proposed impoundments are part <br />of the permit and designs need to be included. Please submit impoundment designs, <br />including slurry wall locations /alignments and depths so a total bond can be determined. <br />14. Section (d). This section along with the information presented in Exhibit L suggests no <br />more than 9.9 acres will be disturbed at one time. The bond required by the Division will <br />need to be sufficient to reclaim all of the area that may be disturbed at any given time <br />during Phase One (assuming a phased bonding approach). <br />a. Please commit to requesting an Acreage Release or Surety Reduction when the <br />disturbed area reaches 9.9 acres and prior to disturbing any additional area. <br />This will ensure the proposed "floating bond concept" will have adequate funds <br />should revocation and forfeiture become necessary. <br />b. Please confirm the stated 9.9 acres is the maximum expected disturbance <br />(including mining + incomplete and/or unreleased reclamation). <br />