2015-07-10_INSPECTION - M1999034

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PERMIT #: M-1999-034 INSPECTOR'S INITIALS: TOD INSPECTION DATE: July 2, 2015 INSPECTION TOPIC: Hydrologic Balance PROBLEM: A breach between the River and phase 2 has occurred, thereby allowing capture of the South River, which is flowing through the reservoir complex. The diverted flow is by-passing an irrigation ditch gate. This is a problem for failure to maintain the prevailing hydrologic balance in the area as required by 3.1.6 and Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Constn Materials. CORRECTIVE ACTIONS: The Operator shall repair the breach to prevent the River from flowing into reservoir complex. The Operator shall return the River to the original channel, within 10 days after the mai date of this inspection report. CORRECTIVE ACTION DUE DATE: 7/20/2015 INSPECTION TOPIC: Sediment Control and Backfilling and Grading PROBLEM: A breach between the River and phase 2 has occurred. The breach has headcut back towards the River, eroding the land between the River and phase 2. Erosion is occurring in areas where the flow is overtopping the earthen embankments between phases 2, 3, and 4. Erosion is also occurring in areas where diverted flow is overtopping the earthen embankments between reservoir complex and the River. On July 7, 2015, During the follow- up inspection, the Division observed a breach between the River and Phase 3. This is a problem for failure to protect the affected land from erosion pursuant to Rule 3.1.5(3) and C.R.S. § 34-32.5-116(4)0). CORRECTIVE ACTIONS: The Operator shall repair all damaged slopes and earthen embankments to prever future erosion. The Operator shall replace the damaged sections of the slurry wall. The Operator shall provide flood control mitigation plan. The flood control mitigation plan shall include, armored inlet and outlet spillwa structures for the entire reservoir complex. The flood control structures must be designed to prevent future erosio damage. The flood control mitigation plan shall be submitted in an approvable form, as a Technical Revision o or before August 31, 2015. CORRECTIVE ACTION DUE DATE: 8/31/2015 OBSERVATIONS This inspection was conducted by Tony Waldron and Tyler O'Donnell of the Division of Reclamation, Mining and Safety (Division). Aggregate Industries - WCR, Inc., the Operator, was represented by Connie Davis during the inspection. The City of Thornton is the landowner for this portion of the permitted site located west of the South Platte River. The City purchased the land from Aggregate Industries. The City of Thornton is managing the mined out phases located west of the South Platte River, creating a series of water storage reservoirs. The City of Thornton was represented by the following people during the inspection: Eduardo Moreno, Josh Redman, and Walt Jenkins. On June 29, 2015, the Division received an email from the city's representative (enclosed). In the email the City's representative notified the Division about a flood event and a pit breach at the Cooley Reservoir and Fulton Wildlife Area. The city's representative explained that a portion of the South Platte River was flowing into the reservoir complex after the River overtopped its banks. The city's representative explained that the River had overtopped an earthen embankment located between the River and Reclamation Phase 2. The Operator's representative and the City's representative believed that the damage to the pit occurred on or before June 25, 2015, after the South Platte River basin around Denver received excessive rainfall. Page 2 of 11