HYDRO24164

• Permit No: M1984043
• IBM Index Class Name: Hydrology
• Doc Date: 9/28/1993
• Doc Name: PERMT FILES TO GARY CURTISS FROM LORRAINE STEPENSKE
• Media Type: D
• Archive: No

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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
OF'~~[

Division of Water Resources ~ O
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Department of Natural Resources „~ $
1313 Sherman Street, Room 818
Dem~er, Colorario 80203 rave'
Phone: [phone]
FAX. [phone] O«~ens
Governor
htip~l/waterstate.co uslde(ault.h[m
GregE VW lcher
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CEI VE Execwive Dveuor
G Hal D. Simpmn, P.E.

June 24, 1999
JUN 2 g 1999 S~a~e Engineer
Mr. Jeff Pridemore ~~vision of Mineray 6 Geology
Pridemore Construction Inc.
12704 CR 195A
Salida, CO 81201 CERTIFIED MAIL NO. 2 434 946 199
Re: Jesse Lee Pit, DMG # M-84-043
Illegal Use of Ground Water
Dear Mr. Pridemore:
As stated in the Division's letter to you dated July 18, 1995 (attached), Senate Bill 89-120, C.R.S. 37-90-
137(11)(a)(II), requires any gravel pit that exposed ground water to the atmosphere after December 31,
1980, to replace to the local stream system all out-of-priority depletions. The requirement to make
replacements for out-of-priority depletions also extends to any exposure of ground water in mineral mining
operations. As cited in the letter, Field Inspection Reports by Colorado Division of Minerals and Geology
personnel identified that this operation indeed exposed ground water. The Division received no response
from you regarding your responsibilities to achieve compliance with Colorado water law.
A July 15, 1998, CDMG Field Inspection Report again attests to the exposed ground water by this
operation by the existence of two ponds in the southern pit area and ground water "seeping from the toe of
the cut bank in the northwest corner of the pit." Communications earlier this year between yourself and
CDMG personnel indicated you intended to immediately backfll the ponds and pit, so ground water was no
longer exposed. However, since that time, the Division understands that the ponds and pit have not been
backflled, and application has been made for a succession in ownership of the mining operation to Kerr
and Son Trucking who does not intend to backfill the ponds or bury the seep.
You, your proposed successor, and the land owner are hereby advised that action must be taken towards
remediating this operation's noncompliance with Colorado water law within twenty (20) days of receipt of
this letter, or the Division will initiate legal enforcement action to stop any and all illegal uses of water,
including evaporation. Such action, at a minimum, must include backfilling all areas of exposed ground
water OR submitting a completed Gravel Pit Well Permit Application, an adequate Substitute Water Supply
Plan, and the associated fees to the Division of Water Resources.
Please contact me at [phone], with any questions.