2022-08-29_GENERAL DOCUMENTS - M1977534

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RE CE IVT) 1 ioG 2 9 2022 ptVISION OF RECLAMATION, MINING &SAFETY-MINERAL$ Memo To: Peter Hays, Environmental Protection Specialist, DRMS Virginia Brannon, Director DRMS Jared Ebert, DRMS Chairman MLRB Dan Gibbs, Executive Director, Dept. of Natural Resources From: Larry F. Brown, PhD — Reclamation Consultant Subject: Adequacy of reclamation, remaining t 24 acres of permit# M-1977-534, and Request to be put on the MLRD's agenda Date: August 22, 2022 History The Guanella ranch is located just west of Empire, Colorado on US Highway 40. It's a Colorado Centennial Ranch, established in 1860, and has been owned by the Guanellas ever since. Byron Guanella was instrumental in establishing Guanella Pass in the 1950s and was a Clear Creek County Commissioner for several years. The West Fork of Clear Creek runs through the center of the ranch, and hay has been produced in the meadows for more than 100 years. In 1976, a portion of the meadow was leased to an aggregate mining company, a Mining/Reclamation permit was issued, and mining began under the new Mined Land Reclamation Act. Around 2000, the city of Golden increased their interest in the excavation created by the mining as a potential reservoir site to store water. In 2002, the mining permit was transferred to the city with the intent of creating a reservoir to store water and the Bucklands/Guanellas transferred the lease to the city. The city was anxious to complete construction of the reservoir, so they excavated a huge amount (t 1,000,000 tons) of material and wasted it onto the eastern portion of the site. The waste material covered the t 24 acres which is the subject of this memo. In 2002, the City offered to purchase the property from the Bucklands/Guanellas. The offer was declined so the City of Golden (in Jefferson County) condemned the property (in Clear Creek County) using its powers of eminent domain. The fair market value offered by the City was unacceptable so the matter went to court. 1