2009-04-20_ENFORCEMENT - M1983176

• Permit No: M1983176
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/20/2009
• Doc Name: Failure to Minimize Disturbances to the Prevailing Offsite Hydrologoc Balance.
• From: Asphalt Specialties Co.
• To: DRMS
• Email Name: AJW
• Media Type: D
• Archive: No

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ASPHALT
SPECIALTIES CO.
. 10100 Dallas St. Henderson, CO 80640 [phone] Fax: [phone]
April 15, 2009
Mr. Tony Waldron
Senior Reclamation Specialist
Mr. David Berry A?,? - ,
Minerals Program Manager
Mr. Ronald Cattany
Division Director -
Division of Reclamation, Mining and Safety
Colorado Dept. of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
RE: Potential Violation at the Speer Mining Resource Site, M-1983-176: Failure to
Minimize Disturbances to the Prevailing Offsite Hydrologic Balance
Dear Mr. Waldron, Mr. Bent' and Mr. Cattany:
I had a long and extensive phone conversation with Tony Waldron on the afternoon of
April 15th and determined that it was prudent to put our position down in writing on what
was discussed in that conversation in relation to the referenced potential violation.
The Division's Inspection Report of 3-25-09, based on a letter written by Mr. Kirk Kirby
written on 3-24-09 and a meeting held on the referenced mine site on 3-24-09 (received
the week of 3-30-09); and the "Reason to Believe" letter written 4-9-09 (received the
week of 4-13-09) detailing the possible violation of failing to minimize disturbance to the
prevailing offsite hydrologic balance by causing mounding of groundwater behind fill that
has been placed as part of reclamation in the Speer Mining Resource mined-out areas,
is in disagreement with what we have come to understand is the situation that is
occurring in the area with alluvial groundwater. We would not have had time to construct
a proper functioning trench system, French Drain or other means to dewater the east
area of the mine site, even if we did believe that it would do some good, by the
correction date of April 16th from the date when we received the field inspection report.
We adamantly believe that construction of some sort of trench through our fill and into
our mined out areas at the Speer site or the Platte River would serve no purpose and
provide no relief to alleviate the high groundwater being experienced at Kirk Kirby's
home. The extreme cost of such a structure(s), based solely on the evidence and
conclusions contained in the inspection report, do not justify the construction of
something that we are certain would not perform to the intended purpose. I have been
working on gathering evidence (mapping, historical well records and discussions with
neighbors, etc.) to ascertain just what has happened with the groundwater in this area in