2015-04-13_GENERAL DOCUMENTS - M1985112

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PERMIT #: M -1985 -112 INSPECTOR'S INITIALS: PSH INSPECTION DATE: March 12, 2015 water line in an attempt to solve the lack of water issue. The repairs did not address the problem for more than a few days at a time. The home owner has provided a private source of water for residence in all three occasions mentioned above. The Division met with Mr. Clarence Lopez, contact person for the complainant, Mr. Marcos Hernandez, property owner, and the property resident prior to the inspection of the Loloff Mine. The well and pump house were observed and GPS surveyed by the Division. Mr. Hernandez stated the well was eighteen feet deep from the top of the well head. The well head was approximately two feet below the ground level. The well depth and lack of water were not verified by the Division during the inspection. A plastic drum containing water was observed in the back yard, which presumably was the private source of water provided to the residence. During the inspection, Mr. Lopez stated the well was not permitted with the Division of Water Resources (DWR) due to the age of the well. The DWR did not require wells to be registered prior to 1972 according to Mr. Lopez. The house was built in 1925, so the construction of the well prior of 1972 is likely. Following the inspection, the Division verified the well was not permitted through the Division of Water Resources. By law, every well in the state that diverts groundwater must have a well permit. As such, the Division is unable to pursue this matter any further at this time. The Division encourages the residence owner to contact the SEO to obtain a well permit. A copy of this report will be provided to the Colorado Division of Water Resources. The Division is unable to pursue this matter any further as it relates to the well at 160 N 1st Ave. However, the Operator must comply with C.R.S. 34- 32.5- 116(4)(h) which requires that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation, shall be minimized. The Division conducted the inspection to ensure the Operator is taking measures to minimize impacts to the hydrologic balance and following the approved Mining Plan. The Division approved TR -01 on April 1, 2014. TR -.01 revised the Mining and Reclamation Plans to allow dry mining by dewatering at the site. As stated in Exhibit G of TR -01, the mining operation will extract sand and gravel deposits from the Poudre River aquifer alluvium and will impact groundwater systems hydraulically connected to the Poudre River. Groundwater monitoring wells have been installed at the Derr Pit which is adjacent to the Loloff Pit on the east side and a total of three monitor wells will be used to monitor the groundwater levels. An agreement with Broken Arrow Investments, LLC is in place to monitor these locations. Agreements with surrounding land owners including Robert Francis, John Carlson, Brian Harrell and Sylvia Parker are in place to monitor their existing wells and groundwater levels. Loloff Construction, Inc. is also in the process of negotiating an agreement with Mr. and Mrs. Larry Monroe to monitor their well and ground water levels. The Operator stated during the inspection the required monthly groundwater measurements on the surrounding wells have not been conducted as required by TR -01. As cited as a problem, Loloff Construction, Inc. must measure the groundwater monitoring wells and piezometers associated with the site by the corrective action date. Additionally, the Operator must provide all available monthly groundwater elevation data for surrounding groundwater wells and western Derr Pit piezometers by the corrective action date. A trigger point of 2 feet change from historic groundwater levels was established as part of TR -01. The trigger point elevation must be included with the groundwater elevation data. Page 2 of 5