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PERMIT#:M-1983-176 <br /> INSPECTOR'S INITIALS:TOD <br /> INSPECTION DATE:August 4,2014 <br /> Segment 3 connects the dewatering trench to the pond. In Segment 3 flow was noticeable through the trench; <br /> however, the trench contained sediment filling in portions the trench (see photo # 5). The sediment in segment <br /> 3 is restricting water flow in the dewatering trench. <br /> After following the flow path in the dewatering trench, the Division went to the new outflow trench that flows <br /> from the pond into the South Platte River. The Operator recently constructed this trench in the northwestern <br /> portion of the pond. The new outflow trench has lowered the pond level by 3 to 4 feet since the Division's <br /> previous inspection on June 2, 2014. The new outflow trench is not in the approved temporary groundwater <br /> mitigation plan submitted by Deere and Ault. <br /> After inspecting the flow path through the site the Division measured water levels in monitoring wells MW3- <br /> AS and MH-9. The groundwater elevation at MW3-AS was 5,015.45 feet, MH-9 was 5,017.15 feet. The <br /> bottom of Kirby's basement is at an approximant elevation of 5,018.54 feet. The 2009 Deere and Ault <br /> memorandum targeted lowering the groundwater elevation to approximately 5,012 feet. <br /> Following the inspection at the mine site the Division, conducted an investigation at Mr. Kirby's residence. <br /> Levi Kirby was present during the investigation. The Division observed water in Mr. Kirby's basement. The <br /> sump pump was running the entire duration of the inspection. Water in the sump was approximately 3 inches <br /> below the top of the sump. Mr. Kirby informed the Division that the sump pump has been running continuously <br /> for the last 3 weeks. Mr. Kirby explained that the surrounding neighbors have had rising groundwater in their <br /> pump vaults or other low-laying areas. <br /> CONCLUSION <br /> Based on observations made during the inspection, the Division believes the blockages in segments 2 and 3 are <br /> preventing the dewatering trench from functioning properly. The lack of positive drainage through the trench <br /> may have prevented the dewatering trench from functioning properly to prevent groundwater mounding. This <br /> will be cited as a problem for failure to minimize the disturbance to the prevailing hydrologic balance pursuant <br /> to C.R.S. 34-32.5116(4)(h) and for failure to protect areas outside of the affected land from slides or damages <br /> occurring during the mining operation pursuant to C.R.S. 34-32.5-116(4)(i). If the Operator fails to mitigate all <br /> flow restrictions and upgradient groundwater mounding by August 14, 2014 the Division will pursue <br /> enforcement action. <br /> Page 4 of 9 <br />