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Memorandum to Harvey W. Curtis <br />June 14, 2006 <br />Page 2 <br />the order of 4 feet. Therefore, the average depth to groundwater on the site could be less <br />than 9 feet during the spring and summer. <br />2) The depths to ground water reported by the applicant (16-21 feet) for three monitoring <br />wells (approximately located as shown on Objectors' Exhibit ] 0) aze probably in error. <br />3) The single series of depth to ground water measurements made in the monitoring wells <br />on the site by the applicant do not assess the seasonal fluctuation in the water table that <br />occurs at the site. A series of monthly measurements over a period that includes at least <br />two high-water seasons would be necessary to determine the magnitude of the seasonal <br />vaziation. <br />4) The depths to ground water from the water wells and as reported by the applicant, as <br />shown on Objectors' Exhibit 9, are not relevant because these wells are completed in <br />bedrock aquifers, not the outwash alluvium that the applicant proposes to mine. <br />Our opinion that ground water will be exposed by mining by the Allen Pit is further <br />supported by information obtained from Division of Minerals and Geology (DMG) files for the <br />immediately adjacent Ansley Pit (File Nos. M-1980-251 and M-1995-027). In a DMG inspection <br />report documenting a site inspection on April 19, 2001 (see Objectors' Exhibit I5), the following <br />observations were made: <br />"The pit has been mined to a depth of approximately 10-12 feet .......One problem with <br />this site is that mining occurred to a depth that exposed grotmdwater and most of the pit bottom is <br />under standing water." <br />In a follow-up inspection on September 15, 2005 (See Objectors' Exhibit 16), DMG staff <br />documented the following: <br />"The majority of the pit contains exposed groundwater (See Problem 1, Page 3 of this <br />report). The permit for this site does not include parameters for the exposure of groundwater. <br />This problem was cited in the previous inspection report dated April 19, 2001, and the <br />problem was not resolved." (Objectors' Exhibit 16 at page 2). <br />"PROBLEMS/POSSIBLE VIOLATIONS AND CORRECTNE ACTIONS: <br />1. During the file review conducted as part of the inspection, it was discovered that, to the <br />Division's knowledge, the operator is not in compliance with the Office of the State Engineer <br />for the presence of exposed groundwater in the pit. Additionally, it was discovered that the <br />approved permit does not specify that groundwater will be encountered during the mining <br />and reclamation activities at the site. This is a problem related to 34-32.5-116(4)(h) of the <br />Colorado Revised Statutes and Rule 3.1.6(1) of the Construction Materials Rules and <br />Regulations for failure to comply with applicable Colorado Water laws and regulations <br />governing injury to existing water rights. And related to 34-32.5-116 of the Colorado <br />Revised Statutes, for failure to perform the prescribed reclamation plan." (Objectors' Ezhibit <br />16 at page 3). <br />It is noted that the permitting contact for the applicant had part of this information prior to <br />completing the application for the Allen Pit. On August 30, 2005, Angela Bellantoni, Environmental <br />LEONARD RICE ENGINEERS. INC. <br />