ENFORCE30826

• Permit No: M1977153
• 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 St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
January 5, 2004
Denver Water
Attn: Michael Walker
1600 West 12a' Avenue
COLORADO
DIVISION O F
MIN SRALS
GEOLOGY
RECLA MATION•N IN ING
SAf ETY•SCIEN LE
Bill Owens
Governor
Greg E. Walther
Executive Director
Denver, CO 80204-3412 Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Reason to Believe a Violation Exists at the Reclamation Pit # 1 (aka-Hazeltine Pit),
DMG File # M-1977-153
Deaz Mr. Walker:
On December 18, 2003 the Division of Minerals and Geology conducted an inspection of the
Reclamation Pit # 1 and found the followirig:
The operator 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 slung wall prior to initiating installation. The operator is
required to submit engineering and technical designs and plans for the clay-lined reservoir for
review and approval prior to construction and that did not occur.
Therefore, we have reason to believe that violations exists to DMG File Number M-1977-153 and
to the Law, and have scheduled this matter to appear 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 Board was proposing for this permit. Although you were not
present at that meeting, my staff advised Denver Water Board representatives that these proposed
activities would require either an amendment or a technical revision to the existing permit.
However, no amendment or technical revision was ever submitted for the activities that were
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey