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• (Page 2) • MINE ID # OR~PROSPECTZNG ZD # M-77-522 INSPECTION DATE 1/20/2000 INSPECTOR'S INITIALS TAS 1. A site inspection was made of the Herman Feit Pit as part of the Division's on-going 4- year inspection program. Mr. Ron Richardson of River Valley Rock, Inc. was present during the inspection. 2. The Herman Feit Pit is permitted for a total of 75 acres. The operator has posted a financial warranty of $14,000 in the form of a corporate surety. The post-mining land uses are recreation and residential. Reclamation of the Pit will result in they creation of one large lake with water surface of approximately 52 acres. The shoreline and surrounding disturbed areas will be graded to slopes of 3:1 or less. Available topsoil will be salvaged and approximately 6 acres of shoreline area will be tops oiled and seeded with a grass mix. 3. The acreage of major disturbance (excavation) has not changed significantly since the last site inspection by the Division on 11/9/95. Approximately 75-80$ of the a~~ailable reserves and affected land has been excavated. Currently, there are two (2) lakes •~f 30+ acres that were created after December 31, 1980. The lakes were formed via excavation below the groundwater surface. The operator has done a good job of contemporaneous reclamation by grading a majority of shoreline slopes surrounding these lakes to a slope of 3:1 or less. Only a minimal volume of finish grading will be needed to complete bacl:fill and grading requirements. Mr. Richardson indicated that an approved water augmentation plan is in place for the large lake to be created. However, a recent inquiry with the Office of the State Engineer (OSE) regarding compliance with OSE requirements indicates that the applicant has not obtained an approved gravel well permit or an approved plan to replace evaporative loss from groundwater exposed after December 31, 1980. See attached correspondence from Megan Sullivan of the OSE. (Please note that Stipulation No. 1 of the conditionally approved 5/23/94 amendment application requires that the operator must obtain the p:_oper permits from the Office of the State Engineer concerning any exposed groundwater at the site). The Division considers this matter to be problem involving several issues. 1. Non-compliance with OSE requirements regarding groundwater use and exposure is a violation of the terms of the amendment application approved on 5/23/94. 2. Non-compliance with OSE requirements regarding groundwater use and exposure is a violation of Rule 3.1.6(1)(a) which specifies that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quaiiity or quality of water in surface and groundwater systems both during and after the mi:iinq operation and during reclamation shall be minimized by measures such as compliance with <<pplicable Colorado water laws and regulations governing injury to existing water rights. 3. Until such time that the Herman Feit Pit is in compliance with OSE requirements regarding groundwater use and exposure, the existing financial warranty is insuffici~ant to complete the reclamation plan and may be in violation of Rule 4.2.1(1). In such c•sses, the Division typically requires a financial warranty adequate to cover the cost of providing clean inert fill material and backfilling the pit to an elevation that is at least two (2) feet above the maximum groundwater elevation. Additional costs for topsoiling and reseeding the backfilled area may also be necessary. The existing financial warranty is not adequate to cover the cost of any of these tasks. This inspector does note that the existing financial warranty is adequate to complete the reclamation plan, provided the operator is in compliance with all OSE requirements. Also, it appeared that all disturbances were within the 75 acre permit area even though the boundaries of the affected land were not marked as doted below in Item 4.