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ii 999 STATE OF COLORADO DIVISION OF h11NERALS AND GEOLOGY Department of Natural Resources I) 13 Shem7an St.. Room 215 D I v 15 1 o N o f Denver, Colorado 80203 Fl,one: 13031 866 3 5 67 MINERAL S FAX'. (3031832-8106 & GEOLOGY August ]6, 2001 MININGr~SAFErN Bill p.~ens Mr. Albert R ~ Frei Go. ernnr Greg E ~Nak hrr Albert Frei ~~ Sons, Inc. E.~r~r~~ oi,e<„„ 11521 Brighton Road Arich,iel R. Long Fenderson. CO 80640 Lli~ision D1rCf1Or RE :Reclamation Pit No. 1, Reason to Believe a Violation Exists, Permit No. M-77-153 Dear Mr. Frei: The Division of Minerals & Geology received citizen complaints on June 5, 2000; June 29, 2000; and August 28, 2000 from four (4) citizens in the Henderson area alleging adverse impacts to their private wells and private lake due to dry mining and dewatering activities at several or more mining operations in the Henderson area. In response, the Division couduc[ed a site inspection of the Reclamation Pi[ No. 1 on March 9, 2001 and found a significant portion of the permit area to be dewatered and dry mined. There was approximately 85 acres oC pit disturbance averaging 30 feet deep, with the water table depressed 20+ fee[ below its natural level. The mining plan was revised in 1997 to allow for dewatering and dry mining. At that lime, the applicant specified that applications for a well permit and a temporary substitute supply plan were submitted to the Division of Water Resources in 1991 and were under review. Following the inspection the Division began an investigation in cooperation with the Office of the State Engineer to evaluate the allegations. On March 20, 2001 the Division received written correspondence from the Office of the Slate Engineer indicating that the operator is required to have an approved well permit and temporary substitute supply plan for existing dewatering and water management activities at the Reclamation Pit No. I and that the operator flas been nen-responsive and delinquent in their water permitting requirements since 10/29/93. The Division also requested on page 4 of their March 9, 2001 inspection report specific corrective actions that were to be completed on or before June 5, 2001 to resolve the outstanding concerns. To date, none of the corrective actions requested fiave been completed or attempted. We believe this is in violation of Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the Extraction of Construction Materials and 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 and yuality of water in surface and groundwater systems both during and after the mining operation and reclamation sh;lll be rrtinimi~ed by measures, including, but not limited to a) compliance with applicable Colorado wafer laws and regulations governing injury to existing water rights ..."