INSPEC40342

• Permit No: M1977153
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• From: DMG
• To: Albert Frei & Sons Inc.
• Inspection Date: 3/9/2001
• Media Type: D
• Archive: No

(Page 2) •
M7'NE ID # OR PROSPECTING ID # M-77-153
INSPECTION DATE 3/9/2001 INSPECTOR'S INITIALS TAS
OBSERVATIONS
1. A site inspection was made of the Reclamation Pit No. 1 as part of the Division's on-going
hydrologic investigation of alluvial sand and gravel operations in the Henderson area.
(Reclamation Pit No. 1 is also known as the Hazeltine Pit and Frei Pit No. 2). The
hydrologic investigation is in response to a number of citizen complaints received during
2000 from groundwater and surface water users in the Henderson area. The complaints allege
offsite hydrologic impacts from one or more active mining operations in the Henderson area.
Please see attached copies of the complaint letters. Present during the inspection was Steve
O'Brian, consultant and representative for the operator.
2. Reclamation Pit No. 1 is permitted for a total disturbance of 107.6 acres. The mining
plan specifies dewatering and dry mining mining methods. The post-mining land use is private
recreation. The reclamation plan specifies creation of two (2) large, unlined groundwater
fed lakes. The operator has posted a financial warranty of $40,800 in the form of a
Certificate of Deposit.
3. The Denver Water Board is now the surface owner of Reclamation Pit No. 1 via purchase
agreement. Albert Frei & Sons, Znc. has retained right of entry to complete mining and
reclamation. Mr. O'Brian estimates that mining will be completed at the pit within two (2)
years.
4. The pit was being dewatered and dry mined at the time of inspection. This inspector & Mr.
O'Brian estimated that there are approximately 85 acres of pit disturbance. The pit
excavation averages 30' in depth, ranging from 15' on the west end to 45' deep on the east
end. The pit floor and dewatering trench contain approximately 15 acres of exposed
groundwater, estimated to be 2.5-3' deep. The dewatering (pumping) and discharge rates were
not estimated at the time of inspection. The 85 acre pit contains a "plant site lake" or
process water pond approximately 12 acres in size. The source of the process water pond is
groundwater that was exposed via excavation prior to December 31, 1980.
5. A recent status report from the Office of the State Engineer (OSE) indicated that a
temporary substitute supply plan and well permit are necessary for dewatering and dry mining
practices at the Reclamation Pit No. 1; neither have been issued by the OSE. The OSE has
listed the operator as "non-responsive" with respect to the required permits. (Please see
attached OSE correspondence). The Division considers this matter to be a problem as the
operator has not demonstrated compliance with Rule 3.1.6(1) which states "Disturbances to the
prevailing hydrologic balance of the affected land and of the surrounding area and to the
quantity or quality of water in surface and groundwater systems both during and after the
mining operation and reclamation shall be minimized by measures, including, but not limited
to a) compliance with applicable Colorado water laws and regulations governing injury to
existing water rights ... As a consequence o£ this problem, the Division requests that the
operator and/or landowner complete one of the following corrective actions within the next
60 days:
A. Provide written correspondence from the OSE which verifies compliance with all of their
permitting requirements for existing dewatering, dry mining, and water management practices
at the Reclamation Pit No. 1.
B. Backfill the excavation to an elevation that is at least two (2) feet above the natural
groundwater elevation. Based on baseline data within the permit file for M-77-153 and
adjacent permitted operations, the Division estimates this elevation to be four (4) feet
below the original ground surface. (The Division has calculated a volume of 3,061,474 cubic