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2010-04-26_ENFORCEMENT - M1980183
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2010-04-26_ENFORCEMENT - M1980183
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Entry Properties
Last modified
8/24/2016 4:08:41 PM
Creation date
4/26/2010 1:31:30 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980183
IBM Index Class Name
Enforcement
Doc Date
4/26/2010
Doc Name
Response
From
Vranesh and Raisch, LLP
To
DRMS
Inspection Date
2/5/2010
Email Name
DB2
Media Type
D
Archive
No
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9'' <br />VRANESH AND RAISCH, LLP <br />V ? ATTORNEYS AT LAW <br />. ? . <br />1720 14th Street, Suite 200 P.O. Box 871 Boulder, Colorado 80306 <br />Phone: 303.443.6151 Fax: 303.443.9586 <br />www.vrlaw.com <br />April 23, 2010 <br />Via Regular Mail and Email (Loretta.pineda(dWate.co.us) <br />Loretta E. Pineda, Director <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Brannan Pit 29 <br />File No. M-1980-183 <br />Dear Ms. Pineda: <br />4/ z- <br /><PR 2 6 2,010 <br />Div,z,or± cis H.,,WnsAon, <br />40 MW#Q frnd SsfttY <br />I am responding to your letter to Greg Gerganoff of Brannan Sand & Gravel Co. ("Brannan") dated <br />March 23, 2010 regarding the above-referenced Pit 29 ("March 23 Letter"). <br />As an initial matter, please understand that Brannan did rem to the Inspection Report referenced <br />in the March 23 Letter that was issued by the Division of Reclamation, Mining and Safety <br />("Division") on September 21, 2009. More specifically, I called and personally discussed that <br />Inspection Report with Mr. Bird on December 17, 2009. During that phone conversation, I explained <br />to Mr. Bird why Pit 29 is not responsible for any observed ground water mounding affecting the <br />Zigan Lake homeowners but that Brannan was, nevertheless, working voluntarily with Frei -- the <br />current owner and operator of the adjacent Stagecoach Pit -- to develop a. solution to abate any <br />observed ground water mounding. <br />As for the observed ground water mounding, the Division's "belief' that Brannan has violated C.R.S. <br />§ 34-32.5-116(4)(h) and (i); and Rule 3.1.6(1) is not supported for at least the following reasons: <br />1. According to the Division, the natural ground water flow in the area is "known to <br />have a gradient in a northwesterly direction" toward the South Platte River. Inspection Report at 3. <br />This is consistent with USGS data. As shown on the attached Figure 1, Pit 29 is located north and <br />east of Zigan Lake. The slurry wall around Pit 29 is cross gradient from the ground water flow below <br />Zigan Lake. It is physically impossible for Pit 29 to impede any groundwater flow downgradient of <br />Zigan Lake. In contrast, the Stagecoach Pit cuts directly across the natural ground water flow at <br />close to a 90 degree angle. The slurry wall around the Stagecoach Pit that was approved by the <br />Mined Land Reclamation Board ("Board") acts as a dam across the ground water flow and creates the <br />ground water mound. <br />2. The slurry wall around Pit 29 was completed before installation of the slurry wall <br />around the Stagecoach Pit. There was no observed ground water mounding after the slurry wall <br />S:\C1ient\Brannpit29\Pineda Itr of4.23.10.doc <br />z/s? o <br />rys ?° OT1?
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