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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br /> Governor <br /> Harris D. Sherman <br /> <br />MEMORANDUM Executive Director <br /> Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />To: Jared Ebert <br />CC: Tony Waldron <br />From: David Bi <br />t?l <br />d <br /> r <br />Date: 7 July 2009 <br />Subject: Bromley Lakes Mine; Ready Mixed Concrete Company; M-1987-049 <br /> Review of AM-02 and McCanne Ditch Company Objection <br />If the information provided by the McCanne Ditch Company (MDC) regarding their water right is true <br />and correct, then it appears that MDC has a valid concern, because mining "wet" while conducting <br />active dewatering can certainly depress the water table and could adversely impact the availability of <br />ground water as a source of water to the ditch. It does appear that MDC has the right to protection <br />against impairment of their water right. <br />This problem may be compounded in the future by the Operator's intention, described in the Mining <br />Plan, to mine on either side of the relocated ditch, then backfill east of the ditch using overburden from <br />the various Ready Mixed mining operations in the area. If overburden material is used as backfill, it <br />may create a situation (similar to that which occurred recently at the Speer Mining Resource site) where <br />the backfill is lower permeability than the pre-existing gravel that will be mined out. This might create <br />a situation at the Bromley Lakes site in which the fill inhibits the ground water flow into the ditch, <br />necessitating some sort of augmentation to maintain the minimum flows in the ditch. If the MDC water <br />right trumps all and the Operator if required to protect the MDC water right, then the Operator may <br />have to revise the mining and reclamation plans to ensure that the backfill material upgradient of the <br />ditch has adequate permeability so as not to restrict ground water flow to the ditch. <br />Here are some options that can be considered. There may be more options than this list, and the 2nd <br />option is a short-term option for use during mining rather than in the post-mining situation, but this is <br />what I have come up with so far: <br />Office of Office of <br />Wn-A Iand Rarl-tinn A __.i --- LA.