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:~ <br /> <br /> ~-~ ° T>, OF <br />III I II IIIIII IIII III COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Ucparlmcnl ul Ndhual Rc~uurie. 999 <br />I} I 1 Sherman SL. Fuum ! I S <br />Denver, CuOmflO 8U2U1 DIVISION O F <br />Phnne.IL)I)74fi6-7567 MINERALS <br />FAY: LSWI 072-U 1116 & <br /> GEOLOGY <br />A <br />il 12 <br />2001 E <br />M <br />pr <br />, M <br />NING <br />SAFETY <br /> Bill Owens <br />Mr. Dean Craft envernor <br /> Greg E. Walther <br />Suburban Sand & Gravel Co. Exec live Drtettor <br />5400 Fenton Road Michael B Long <br /> Orv,van Director <br />Arvada, CO 80002 <br />RE :Road Runners Rest II, Reason to Believe a Violation Exists, Permit No. M-79-195 <br />Dear Mr. Craft: <br />The Division received citizen complaints on June 5, 2000; June 29, 2000; and August 28, 2001 <br />from four (4) citizens in the Henderson area alleging adverse impacts to their private wells and <br />private lake due to dry mining and dewatering activities at several or more mining operations in <br />the Henderson area. Tn response, the Division conducted a site inspection of the Road Runners <br />Rest II pit on June 23, 2000 and Found a significant portion of the permit area to be dewatered <br />and dry mined. Following the inspection the Division began an investigation in cooperation with <br />the Office of the State Engineer to evaluate the allegations. The Division conducted an additional <br />site inspection on Mazch 9, 2001 to document existing site conditions and found approximately <br />100 acres of the site to be actively dewatered and dry mined and the water table to be depressed <br />at least 20 feet below the natural groundwater surface. (On August 6, 1998 the Division <br />approved the operator's request for a revised mine plan allowing dewatering and dry mining <br />activities contingent upon the following condition "No pit dewatering may occur until Suburban <br />Sand & Gravel Co. has provided evidence that they have satisfied all appropriate requirements of <br />the Office of the State Engineer"). On March 20, 2001 the Division received written <br />correspondence from the Office of the State Engineer indicating that the operator is required to <br />have an approved well permit and temporary substitute supply plan for existing dewatering and <br />water management activities at the Road Runners Rest II pit and that the operator has been non- <br />responsive and delinquent in their water permitting requirements since 9/8/93. <br />We believe this is in violation of Section 34-32.5-116(4)(h) of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials and the mine plan and Rule 3.1.6(1) which <br />states "Disturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding azea and to the quantity and quality of water in surface and groundwater systems <br />both during and after the mining operation and reclamation shall be minimized by measures, <br />including, but not limited to a) compliance with applicable Colorado water laws and regulations <br />governing injury to existing water rights ..." <br />