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• ~ (Page 2) • <br />MINE ID # OR PROSPECTING ID # M-82-147 <br />INSPECTION DATE 2/28/2001 INSPECTOR'S INITIALS TAS <br />OBSERVATIONS <br />1. A site inspection was made of the Nyholt Pit as part of the Division's on-going <br />investigation of a number of citizen complaints received during the fall of 2000 from surface <br />and groundwater users in the Henderson area. (See attached complaint letters). The purpose <br />of the inspection was to 1) verify the status of permits/approvals required from the Office <br />of the State Engineer (OSE) for current activities at the Nyholt Pit, and 2) determine what <br />options are available to the operator to ensure that the Nyholt Pit is in compliance with the <br />requirements of Rule 3.1.6(1), ie: disturbances to the prevailing hydrologic balance of the <br />affected land and of the surrcunding area and to the quantity or quality of water in surface <br />and groundwater systems both during and after the mining operation and during reclamation <br />shall be minimized. Present during the site inspection was Duane Bollig and Brett Baker. <br />2. The Nyholt Pit is permitted for a total of 308.7 acres with a financial warranty of <br />$148,100 in the form of a Corporate Surety. The mining plan specifies dewatering and dry <br />mining methods. Soils & overburden vary from 0 to 5' in thickness; sand & gravel below the <br />overburden varies in thicknesos from 20 to 25'. Groundwater is anticipated to occur at a <br />depth of 5 to 6' below the ground surface. Mining will occur in 4 phases and wil result in <br />the creation of 3 lined water storage reservoirs with a total surface area of 153 acres. <br />There will be approximately ].8,500 linear feet of liner/shoreline to be constructed. The <br />reclamation plan specifies the following: "The reservoirs will be fu21y lined with shales, <br />clay, and overburden creating an impervious barrier for water to be stored in it. The <br />structures will be designed and construction monitored by Engineers designated by Adams <br />County. Generally speaking the embankment will be anchored into the shale floor with a <br />keyway. The compaction will t>e at a minimum of 958. The side slopes will be graded to 3:1 <br />the full depths of the embankment above and below water. The side slopes will be covered <br />with a pit run sand and gravel shell approximately 2 feet in thickness." The proposed future <br />use of the affected lands is recreational and water storage reservoirs. <br />3. The mine and reclamation plan also specifies "This operation will be carried out in a <br />semi-wet condition. There will be virtually no disruption of the prevailing hydrological <br />conditions during the life of the mine. During mining and reclamation, all applicable <br />Colorado water laws and regulations governing injury to existing water rights will be <br />complied with". <br />4. The operator was actively ciewatering and conducting dry mining at the time of inspection. <br />The operation was not being carried out in a "semi-wet" condition. And, there certainly <br />appeared to be potential for disruption of the prevailing hydrologic balance in the affected <br />land and surrounding area. Current disturbances at the Nyholt Pit include the following: <br />Stage 1 <br />Plant site <br />3.5 acre unlined tailings impoundment w/ exposed groundwater, water estimated at 12' deep <br />and 13' below ground surface (would require 124,201 cu.yd. to backfill to 2' above <br />natural groundwater surface) <br />2.5 acre unlined fresh water pond with groundwater pumped from adjacent excavation, water <br />estimated at 3' deep (would. require 20,162 cu.yd. to backfill to 2' above water surface) <br />unlined outlet ditch to S. Platte river, estimated at 3' deep x 3' wide x 900' long (would <br />require 500 cu.yd. to backfill to 2' above water surface) <br />Stage 2 <br />50-acre cell mined to shale bedrock and reclaimed to water storage reservoir with lined pit <br />walls, not yet inspected and certified by OSE for leakage criteria, contained 1-2' <br />