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Greg Lewicki And Associates, PLLC <br /> 337.NV. Powers Circle Plione:(720)842-5321 Fax(303)346-6934 <br /> Littleton,CO 80123 E-mail: info'd'dewicki.biz <br /> November 12, 2020 <br /> Clayton Wein <br /> Colorado Division of Reclamation, Mining, and Safety <br /> 1313 Sherman St, Rm 215 <br /> Denver, CO 80203 <br /> RE: Lyster Pit M-2008-009, Reason to Believe a Violation Exists,Permittee Response and <br /> Hydrology Report <br /> Mr. Wein <br /> Oldcastle SW Group, Inc. dba United Companies is providing this response letter to the Reason <br /> to Believe a Violation Exists issued by the DRMS at the Lyster Pit on October 14, 2020. The two <br /> violations noted in the letter are: <br /> • C.R.S. 34-32.5-1 16(4)(h) for failure to minimize disturbances to the prevailing <br /> hydrologic balance of the affected land and of the surrounding area and to the quality and <br /> quantity of water in surface and groundwater systems both during and after the mining <br /> operation and during reclamation. <br /> • C.R.S. 34-32.5-116(4)(i) for-failure to protect areas outside of the affected land from <br /> slides or damages occurring during the mining operation and reclamation. <br /> These identified issues are based on the Division's inspection of September 17, 2020. During <br /> that inspection,the Division Inspector identified an area of standing water on the northeast <br /> corner of the affected area that was large enough to include a portion of the eastern neighbor's <br /> property (Mr. Brad Ocker). According to the inspection report,the Division believes that this is <br /> exposed groundwater. <br /> 1. Hydrologic Balance <br /> The water identified by Mr. Ocker and Mr. Wein (Division Inspector)during the inspection is <br /> not due to any alteration of the hydrologic balance of the affected land or surrounding area. <br /> Furthermore.,the presence of standing water on both the Lyster and Ocker properties is a <br /> common occurrence due to the naturally high groundwater table that limits infiltration. <br /> Typically, surface water flows which occur on the east side of the Lyster Pit and west side of the <br /> Ocker property flow towards CO-394,the state highway adjacent to and north of both properties. <br /> The Hydrology Summary included in this response explains the onsite hydrology in detail. <br /> The ditch (Drainage Ditch)running along the Lyster-Ocker property line is thickly grown over <br /> with vegetation. Previous permittees of the Lyster Pit periodically mowed the vegetation in this <br /> Lyster Pit NOV <br /> (: <br /> l rty I c»icki and Aswrix[i w Nl.t.[' <br /> November 2020 <br />