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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1977-526 <br />INSPECTION DATE 11/20/2006 INSPECTOR'S INITIALS DEG <br />OBSERVATIONS <br />This inspection of Permit Number M-1977-526 (Worthing Pit) was conducted by Deb E. Gbnima of the DRMS as a result of a <br />citizen complaint. Ben Frei of Albert Frei and Sons was present during this inspection. The pit is located %: mile southwest of <br />Brighton at 132ntl and Brighton Road, and currently consists of approximately 160.9 acres. <br />This inspection included visits to the Worthing Pit (M-1977-526), Pit 29 (M-1980-183)- (separate inspection report enclosed), <br />and the complainant's home. <br />This inspection resulted from a citizen complaint received by the Division on October 23, 2006 from the adjacent landowners, <br />Bud and Grace Scott. Letters originally addressed to the Office of the State Engineer were also forwarded to the Division by the <br />Scotts. Concerns of the landowners included loss of surface water in nearby First Creek and stress to the grass and trees on <br />their property possibly due to the reduced access to ground water flow. <br />This inspection of the Worthing Pit, Pit 29, and the landowner's property also confirmed that there are damaging off-site <br />impacts to the adjacent landowner's property. The grass and trees on the neighbor's property showed signs of stress. These <br />impacts appear tc have been caused by changes in the surrounding historic hydrologic balance, including the reduction of <br />surface and ground water, possibly precipitated by the installation of thetwo-celled slurry wall surrounding Brannan Sand and <br />Gravel's Pit 29 operation. The slurry wall surrounding this operation does not include a perimeter drain structure to facilitate <br />drainage from mounding that maybe occurring at the upland extent of the operation. Based on the pumping information from <br />the adjacent Frei operation (Worthing Pit), the Frei operation is pumping less water. This indicates a lower level of hydrologic <br />recharge. <br />However, it is the Division's belief that off-site impacts occurring on the Scotts property are the result of a combination of <br />factors. It is believed that the immediate drawdown occurring on the Scotts property may be the result of the dewatering <br />activities at the Frei operation that surrounds the Scotts property on 3 sides (north, south, and west). However, the longer-term <br />impacts to the hydrologic balance of the area may be due to interference with the recharge potential, which may be caused by <br />the Brannan operation's (Pit 29) slurry wall. <br />Rule 3.1.6 (1) states that "disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area <br />and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and <br />during reclamation shall be minimized." Therefore, Brannan Sand and Gravel must provide data to the Division demonstrating <br />that this operation is not responsible for adversely affecting the hydrologic balance on the adjacent landowner's property. This <br />may be done by a providing the Division with a series of ground water monitoring data from the piezometers on site and <br />conclusive evidence that this operation has not destabilized the surrounding ground water level and the hydrologic balance. <br />While the longer term effects of the Brannan Sand and Gravel operation on the adjacent landowner are being investigated, a <br />representative from the W orthing Pit (M-1977-526) has committed to supplying the Scotts with access to water for their trees. <br />There are two options for Frei to provide the Scotts with a readily available water source. This may be done by running a <br />pipeline from one of the pumps at the W orthing Pit and allowing the Scotts to water the portions of their property they deem to <br />be in need, or by providing access to water from a water truck Frei is using on their active operation. It is left up to the discretion <br />of Frei operation management to determine which option to utilize. This commitment is intended to be a short-term solution to <br />reduce further negative impacts to the vegetation on the Scott's property, and compensate for the water depletions occurring. <br />The ultimate solution required must include the equalization and maintenance of the water table such that damage to the <br />adjacent property is limited. <br />For future reference, this site is correctly positioned in the DRMS online GIS. <br />Responses to this inspection report should be directed to Deb E. Gbnima at the Division of Reclamation, Mining and Safety, <br />Denver Office, 1313 Sherman Street, Room 215, Denver, Colorado 80203, phone number 303-866-4179. <br />1 & E Contact Address <br />NAME <br />OPERATOR <br />STREET <br />CITY/STATE/ZIP <br />Mr. Ben Frei <br />Albert Frei and Sans <br />P.O. Box 700 <br />Henderson CO 80640 <br />~ C CE <br />^ BL <br />^ FS <br />^ HW <br />^ HMWMD(CH) <br />X SE <br />^ WOCD (CH) <br />X OTHER <br />Enclosure: DRMS Inspection Report for Pit 29 (M-1980-183) <br />cc: Mr. Chuck Persig, Brannan Sand and Gravel, 4800 Brighton Blvd, Denver, CO 80216 ' yak C~~• rNar~lk7oo3-lbYO-pp~-6427 - 4Sy y <br />Bud and Grace Scett, 13185 Brighton Rd, Bdghton, CO 80601 SutFw,~, rytypj.~ Z~3~ ~(p8~ "0000 - bYx7 - 9SS1 <br />Tony Waldron, DRMS via a-mail <br />