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Pa e 2 MINE ID # OR INSPECTOR'S i PROSPECTING ID #: M-1983102 INSPECTION DATE: 0910512008 INITIALS: RMW On August 31, 2006, the Division of Reclamation, Mining and Safety (Division) received a written complaint from Ms. Jill Hansen, who represents the Great Divide Head Lettuce Homeowners (Homeowners), that the operator of the Thompson Resources Gravel Pit, Permit No. M-1983-102 has exposed ground water in his gravel mining operation. The complaint letteralso expressed concerns regarding the current mining slopes, the operator's use of asphalt in an attempt to backfill ponds containing ground water, the source of water for the concrete batch plant, use of stockpiled material, the Length of time the mine would be operating, and potential noise and air pollution caused by the mining operation. The main concern however, was exposure and unauthorized use of ground water. In a separate a-mail, Ms. Hansen submitted seventeen digital photographs documenting the alleged exposure of ground water, six of which are included on page seven of this report. On September 5, 2006, representatives from the Division conducted an inspection of the Thompson Resources Gravel Pit in response to the aforementioned citizen complaint. Present at the inspection were Richard Wenzel and Carl Mount of the Division; Larry Thompson and Gary Thompson of Thompson Properties; Ted Pratt of Pratt Excavation Company, Inc.; and Irene Cook from the Grand County Planning Commission. The findings of the inspection are discussed in the following paragraphs and documented by the accompanying photographs. The area of the mining operation where ground water was allegedly exposed is located in the northeast comer of the existing permit area. Photographs supplied by Ms. Hansen indicate the presence of two "ponds" in this area. However, at the time of this inspection, it appeared that the ponds had been backfilled. Ted Pratt indicated that the ponds did exist prior to this inspection but that they were backfilled because of the contentious nature of their existence. At the same time however, he said that they were created as part of the operators' storm water management plan to prevent storm water from leaving the site. He was not able to say whether or not the water contained in the ponds was ground water or storm water. Based on a review of the photographs, the Division believes that the water in the former ponds was in fact ground water and that any use of that water would be unauthorized. However, since the operator has backfilled the ponds, he has adhered to Stipulation No. 5 of his permit that states he must cease mining in the area and cover up any exposed ground water. Therefore, this issue has not been cited as a problem at this time. To the north of the batch plant, however, the operator of the batch plant has excavated two small pits in which he washes out his concrete trucks. The two pits are connected by a shallow ditch that allows wash water to flow from the south pit where waste concrete settles out, to the north pit where the water can be pumped out and reused. The north pit is deeper than the south pit and is excavated into the underlying claystone bedrock. The Division believes that some of the water in this pit may be ground water. The operator's reclamation permit indicates that no ground water will be exposed during mining operations. In addition, Rule 3.1.6 (1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board forthe Extraction of Construction Materials states that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in the surface and ground water systems shall be minimized both during and after mining. Therefore, this pit must be either backfilled to an elevation that is at least two (2) feet above the ground water table and provide pfiotographic documentation of completion or demonstrate to the satisfaction of the Division that the water in this pit is not ground water. This issue is listed as a problem on page five of this report. Enforcement and Inspection Contact Address NAME: Mr. Larry Thompson OPERATOR: Thompson Properties STREET: P. O. Box 3 CITY/STATE2IP: Granby, Colorado 80446 ~: U.S. Army Corps of Engineers CO Hazardous Materials and Waste Division U.S. Bureau of Land Management CO State Engineers Office U.S. Forest Service x OTHER: Jill Hansen, Great Divide Head Lettuce Homeowners CO Department of Transportation x OTHER: Stevan L. O'Brian, Environment, Inc.