ENFORCE30343

• Permit No: M1979195
• IBM Index Class Name: Enforcement
• Doc Date: 1/5/2004
• Doc Name: Reason to Believe a Violation Exists
• From: DMG
• To: Denver Water
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215 COLORADO
Denver, Colorado 80203 DIVISION O F
Phone: [phone] M 1 N S RA L$

FAX: [phone] G E O L O G Y
January 5, 2004 REC IAN ATION•NIN ING
SAFETY•SC IEN CE
Denver Water
Bill Owens
Attn: Michael Walker covemor
1600 West 12`" Avenue Greg E. Watcher
Denver, CO 80204-3412 Executive Director
Ronald W. Cottony
Division Director
Natural Resourm Trustee
RE: Reason to Believe a Violation Exists at the Road Runners Rest # 2 Pit,
DMG File # M-1979-195
Deaz Mr. Walker:
On December 18, 2003 the Division of Minerals and Geology conducted an inspection of the Road
Runners Rest II Pit and found the following:
The operator/landowner was installing and had installed portions of a slurry wall to create a storage
reservoir in violation of their permit requirements and the Act.
We believe this constitutes two violations to the Colorado Land Reclamation Act for the Extraction
of Construction Materials (C.R.S. 34-32.5) as follows:
The first one is a possible violation of C.R.S. 34-32.5-116(1), (2) & (4)(m) for failure to follow the
approved reclamation plan. Specifically, the currently approved reclamation plan for this site is
for an unlined recreation reservoir, not a slurry wall lined reservoir that is attached to an adjacent
site.
The second one is a possible violation of C.R.S. 34-32.5-116(1), (2) & (4)(h) for failure to
minimize disturbances to the prevailing hydrologic balance of the affected land and the
surrounding area and to the quality and quantity of water in the surface and groundwater systems,
both during and after mining and during reclamation. Specifically, the operator failed to seek and
obtain approval for installation of a slurry wall prior to initiating installation. The operator is
required to submit engineering and technical designs and plans for the slurry wall lined reservoir for
review and approval prior to construction and that did not occur.
Therefore, we have reason to believe that violations exist to DMG File Number M-1979-195 and to
the Law, and have scheduled this matter to appeaz before the Mined Land Reclamation Boazd.
As you recall, my staff representatives met with your staff representatives on August 28, 2003 to
review the activities the Denver Water Boazd was proposing for this permit. Although you were not
present at that meeting, my staff advised Denver Water Boazd representatives that these proposed
activities would require either an amendment or a technical revision to the existing permit.
Office of Office of Colorado
Mined land Reclamation Active and Inactive Mines Geological Survey