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drought, the Division is concerned about the water table rising in the future when the <br />drought abates and the potential to expose groundwater under wetter climactic conditions. <br />The intent of two foot excavation limit by the Division is that the two -foot limit is with <br />respect to historic highest groundwater level. <br />a. Please indicate how groundwater levels will or have been determined such that <br />the appropriate bottom of pit elevations can be established. <br />b. Please provide groundwater monitoring well locations and historic groundwater <br />level measurements. <br />Response: <br />The operator is committed to not expose groundwater when excavating the pit. <br />The operator will remain two feet above the static water table using the well <br />permit information gathered from the Colorado Division of Water Resources as <br />a guideline to determine the depth to the static water level. The operator <br />understands that the static water level fluctuates seasonally and during climatic <br />conditions such as drought and wetter periods. Therefore the operator will <br />establish the depth of the pit floor by interpolating the static water level and the <br />depth of the cut which would be a minimum of two (2) feet above the static <br />water level. Consideration will be given to the current climatic conditions such <br />as drought, normal or wet. The wells shown on Exhibit C MINING PLAN MAP <br />WELL LOCATIONS will be used to monitor the static water level. The above <br />mentioned exhibit is attached to this correspondence. <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 IV. <br />Response: <br />In view of the fact that this correspondence is to set the record straight on the <br />intent of the operator to establish the post mining use of the lands as rangeland the <br />reference to the "Design Report for the Phase One Reservoir prepared for the <br />Office of the State Engineer" is not relevant. Therefore Appendix 1V will not be <br />used (submitted) in this document . <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 costs <br />be included in the bond. Please provide a schedule and map indicating which <br />sections of the Excelsior Ditch will be relocated, their proposed alignment, and <br />when each section is to be moved. <br />Response: <br />The applicant/operator would like to clarify that this submitted application is for <br />a phased bonding approach and future changes to a different Post Mining land <br />use would be implemented through the Division of Reclamation, Mining and <br />