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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 9, 2003 <br />COLORADO <br />DIVISION OF <br />MIN SRALS <br />GEOLOGY <br />RECLAMATION•M WINO <br />SAFETY•SCIENCE <br />Bill Owens <br />COnnle N1Ckle Davis Governor <br />5'll OR SeiV1CeS Greg E. Walther <br />PP Executive Director <br />Aggregate Industries <br />P.O. Box 337231 Ronald w. carcany <br />Division Director <br />Greeley, CO 80633 Natural Resource trustee <br />RE: Permit M-1992-069 83rd Joint Venture Pit, Aggregate Industries TR-004 <br />Dear Ms. Davis, <br />The Division of Minerals and Geology (DMG) is in receipt of your Technical Revision Request <br />for TR-004, dated June 16, 2003. Currently the active, approved Technical Revision, TR-003, <br />specifies that Aggregate Industries will excavate the remainder of the contaminated soils, <br />resulting from the 2001 diesel fuel spill, prior to cessation of dewatering activities at the site. The <br />submitted TR request (TR-004) specifies that no further abatement activity or groundwater <br />monitoring will be performed relative to the 2001 diesel fuel spill site at the 83rd Joint Venture <br />Pit. The request in TR-004 is based upon a Soil Contamination/Request for Site Closure Report <br />submitted by Paragon Consulting Group, dated March 11, 2003. <br />As you will recall, a similar request was submitted to the Division on November 11, 2002. The <br />response from DMG to this request (enclosed) indicates that in order to omit the removal of the <br />remaining contaminated soil prior to cessation of dewatering at the site, Aggregate Industries will <br />need to have a new TR approved by the Division outlining a continued ground water monitoring <br />program to monitor the groundwater quality in the vicinity of the spill area after cessation of <br />dewatering at the site. <br />Paragon's Soil Contamination/Request for Site Closure appears to be valid in its interpretation of <br />the data currently available regarding the site. Despite the statements in Paragon's <br />Contamination/Request for Site Closure, however, the Division continues to have concerns that <br />groundwater may become contaminated once dewatering activities cease and the groundwater <br />level rebounds. Therefore in order for the Division to accept and approve the parameters of the <br />Paragon report, it would require that Paragon's model be supported by actual data collected <br />during the rebounding of groundwater after dewatering activities cease at the site. Therefore, <br />unless Aggregate Industries can modify the request for TR-004 to included a method which will <br />show the Division that the groundwater is not being contaminated by residual materials present at <br />the fuel spill site once dewatering activities have ceased, the Division will deny the Technical <br />Revision Request for TR-004, and will continue to require Aggregate Industries to excavate the <br />remaining contaminated soil prior to cessation of dewatering at the site. <br />Office of <br />Mined Land Reclamation <br />Office of <br />Active and Inactive Mines <br />Colorado <br />Geological Survey <br />