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(Page 3) <br />Based on the Operator's water level data and the Division's survey data collected March 30, 2009, it appears that <br />the water level in the Operator's monitoring wells MW-3AS and MW-9AS on March 24, 2009, was 1 to 1.5 ft <br />below the elevation of Mr. Kirby's basement. However, from the time Mr. Kirby starting pumping on March 21 <br />until the Operator measured the water levels in monitoring wells MW-3AS and MW-9AS on March 24, Mr. Kirby <br />had pumped approximately 0.5 million gallons of ground water from around his residence (50 gpm for 48 hrs plus <br />250 gpm for 24 hrs). The Division believes that this amount of pumping could have been sufficient to draw down <br />the water level in the vicinity of monitoring wells MW-3AS and MW-9AS to depths below the elevation of Mr. <br />Kirby's basement. <br />Based on the response of the water levels in the Operator's monitoring wells that correlates with the timing of pit <br />backfilling, combined with the survey data that appears to eliminate the 124th Estates Gravel Pit as a potential <br />source of the ground water, the Division believes that backfilling in the Speer Mining Resources pit is the sole <br />cause of the rising ground water levels. The Division believes that the Operator's pit backfilling is disturbing the <br />prevailing hydrologic balance and causing off-site damage. As summarized on page 4 of this report, the Division <br />has reason to believe that this is a violation of Article 32.5 of the Colorado Land Reclamation Act for the Extraction <br />of Construction Materials, and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials. To provide immediate and long-term mitigation to the off- <br />site damage and to the disturbance to the hydrologic balance, the Division orders the Operator to implement <br />dewatering measures immediately. Dewatering measures may include a French Drain, vertical dewatering <br />pumping wells, horizontal dewatering drain wells, or other measure subject to the Division's approval. <br />Additionally, the Division has no record of a request from the Operator for a Technical Revision to the <br />Reclamation Plan or notification in accordance with Rule 3.1.5(9) that would include importation of backfill <br />material from off site. The Division therefore has reason to believe that the Operator is in further violation for <br />failure to comply with the approved Reclamation Plan for the placement of backfill material. <br />The aforementioned potential violations are summarized on page 4 of this report. <br />I & E Contact Address <br />NAME: Rob Laird <br />OPERATOR: Asphalt Specialties Co Inc <br />STREET: 10100 Dalla St. <br />CITY/STATE/ZIP: Henderson. O 80640 <br />cc: t CE <br />r BLM <br />r USFS <br />r HW <br />t HMWMD (CH) <br />F OSE <br />F WQCD (CH) <br />t OTHER