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PERMIT #: M-2001-107 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: March 21, 2011 <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham and Eric Scott of the Division of Reclamation, Mining <br />and Safety (Division). Stacey Churchill of NCC, Inc. was also present for the inspection. The NCCI Pit #1 is <br />located 1% miles north of Fort Lupton, Colorado. The site is permitted for 175.63 acres. <br />The Division received two complaint letters, one from Mr. Leonard Vargas and one from Mr. Danny Chavez, on <br />March 18, 2011. The complainants live North West of the NCCI Pit #1 on Weld County Road 20. According to <br />the complaint letters, both of their domestic wells went dry around March 4, 2011. The Division staff met with <br />both of the complainants prior to inspecting the NCCI Pit #1. The complainants' wells are both shallow wells <br />which extend into the alluvium. It is believed the wells are approximately 30 feet deep; however, the depth of <br />the wells could not be verified as neither of the complainants were able to provide well completion reports. <br />The Division verified both wells could no longer pump water. Following the meeting with the complainants, <br />the Division determined that neither of the wells were permitted through the State Engineer's Office (SEO). By <br />law, every well in the state that diverts groundwater must have a well permit. As such, the Division is unable <br />to pursue this matter any further at this time. The Division encourages the complainants to contact the SEO to <br />obtain a well permit; a copy of this report will be provided to the Colorado Division of Water Resources. <br />Hydrologic Balance: <br />As noted above, the Division is unable to pursue this matter any further as it relates to the two wells which are <br />dry. However, the Operator must comply with C.R.S. 34-32.5-116(4)(h) which requires that disturbances to the <br />prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity <br />of water in surface and groundwater systems, both during and after the mining operation and during <br />reclamation, shall be minimized. The Division conducted the inspection to ensure the Operator is taking <br />measures to minimize impacts to the hydrologic balance as well as following the approved Mining Plan. <br />The post-mining land use for the NCCI Pit #1 is developed water resource and will consist of two lined <br />reservoirs. The pit is dewatered to accommodate dry mining. Dewatering trenches have been constructed on <br />the pit floor and route water towards the pump located in Phase 3. The groundwater is pumped to the <br />dewatering/settling pond and then discharged into Little Dry Creek, which is an unlined creek west of the pit <br />that flows to the north. The pit was being dewatered at the time of the inspection. According to Mr. Churchill, <br />the discharge rate is approximately 3,300 GPM or 4.75 MGD, which is within the limits of NCCI's Colorado <br />Wastewater Discharge Permit. Groundwater recharge ditches have been constructed around the south and <br />north ends of the permit boundary; the recharge ditches were not in use at the time of the inspection. <br />According to the Operator, the recharge ditches are not utilized between November to April due to the low <br />temperatures which cause the water to freeze, thus prohibiting recharge of the alluvial aquifer. <br />Under Technical Revision - 03 (TR03), the Division approved the location of eight groundwater monitoring <br />wells around the perimeter of the site. The Operator was to be taking monthly measurements of the wells and <br />submitting the monitoring data with the Annual Report. In addition, under TR03 the Operator was required to <br />measure and record the groundwater depths after the first year during which the recharge ditches were <br />utilized in order to establish what the seasonal groundwater levels are for the stabilized cone of depression. <br />The measurements were to be used as a benchmark for groundwater levels and the Operator committed to <br />maintaining groundwater levels within two feet of the benchmark depths. A review of the permit file found <br />the following: <br />Page 2 of 5 <br />