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William H. Caile <br /> O L LAND&HART, Of Counsel <br /> Phone(303)295 8403 <br /> A Fax(303)672 6536 <br /> WHCaile@hollandhart.com <br /> April 26, 2017 RECEIVED <br /> VIA E-MAIL AND U.S. MAIL MAY 0 12017 <br /> Colorado Department of Natural Resources DIVISION OF RECLAMATION <br /> Division of Reclamation Mining & Safety MINING AND SAFETY <br /> Attn: Peter Hays <br /> 1313 Sherman Street <br /> Denver, CO 80203 <br /> Re: ,/Inspection Report for Miller Pit (Permit No. M-82-112) <br /> Dear Mr. Hays: <br /> Holland & Hart represents MidFirst Trust, as Personal Representative of the Estate of <br /> Rick L. Hunt ("Estate"). The Personal Representative is the permittee under Reclamation Permit <br /> No. M-82-112, for a sand and gravel operation in Elbert County known as the "Miller Pit". <br /> Schmidt Construction ("Schmidt") is the current operator/lessee of the Miller Pit, and we are <br /> assisting Schmidt with responding to the Minerals Program Inspection Report ("Inspection <br /> Report") dated February 1, 2017, prepared by the Colorado Division of Mining Reclamation and <br /> Safety ("Division"). <br /> In our capacity as counsel for the Personal Representative, we have reviewed the <br /> Inspection Report and responses provided by Schmidt. This letter responds to the Division's <br /> concern regarding the "Hydrologic Balance" inspection topic. That concern is stated in the <br /> Inspection Report as follows: <br /> PROBLEM: The Division has no evidence that the operator has a valid well <br /> permit, substitute water supply plan, or approved water augmentation plan <br /> for the exposed ground water at the site. This is a problem related to C.R.S. <br /> 34-32.3-116(4)(h) and Construction Materials Rule 3.1.6(1)(a) governing <br /> injury to existing water rights. <br /> The Inspection Report goes on to request corrective actions, as follows: <br /> C'ORRECTIVE ACTIONS: The operator shall demonstrate that the <br /> operation is in compliance with the Office of the State Engineer (SEO), <br /> show evidence that the operator is taking measures to bring the site into <br /> compliance with the S'EO, or backfill the ponds to at least two feet above the <br /> grounchi,ater surface by the corrective action date specified. <br /> Holland&Hart LLe <br /> -.o.—[3031 295-8000 i,[303]295-8261 www.hollandhart.com <br /> 55517th Street Suite 3200 Denver.CO 80202 :';`irc, :-: ar. P.O Box8749 DenvecCO 80201-8749 <br />