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PERMIT #: M- 1985 -112 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: June 3, 2013 <br />ditch that runs along the western border of the site. The ditch runs southeast from the site, crosses under <br />Balsam Ave and Highway 263 (East 8th St.) and into the Ogilvy Ditch. In addition to the discharge to the ditch, <br />the Operator was occasionally pumping water from the pit into water trucks. The Operator stated the current <br />discharge activity is permitted under NPDES permit # CPG500375. <br />The Division estimated approximately 5 feet of water has been pumped from the Loloff Mine at the time of <br />the inspection. The Division approximated the water elevation at 11 feet below the existing ground level <br />(4628') or 4217' in elevation. <br />The Loloff Mine is not approved for the current dewatering operations or to mine the site as a dry mine. As <br />cited as a problem above, the Operator is required to submit a technical revision, per Rule 1.9, to the permit <br />to revise the mining plan to allow for dry mining. The Operator stated J &T Consultants would be submitting <br />the technical revision soon. During the inspection, the required components of the technical revision were <br />discussed with the Operator and Mr. York. The technical revision must include a revised mining plan, <br />reclamation plan and maps. The revised mine plan must include a study of the potential impacts to <br />groundwater quantity and a mitigation plan if groundwater levels are affected by the dewatering activities. <br />The Operator must quantitatively define or predict the cone of depression expected from the dewatered and <br />dry mining activities. The cone of depression and assessment of other effects should define, at a minimum, <br />the horizontal and vertical extent of expected impacts. The Division will require piezometers to be installed <br />and monitored as part of the technical revision. <br />The Permittee believed there were existing mitigation agreements with the surrounding well owners from <br />when Aggregate Industries was operating the mine. No evidence of existing mitigation plans was located in <br />the Division's permit file. The Division did review the complaint of a loss of a registered well by Tim Taylor, the <br />landowner to the south of the mine site, on August 19, 2008. The complaint resulted in the Permittee paying <br />Mr. Taylor for 2 months of water bills and having a new, deeper well installed to replace the affected well. <br />The Division contacted the Army Corps of Engineers (Corps) to discuss the wetland pond permit. The <br />representative of the Corp stated the type of permit issued for the wetland pond does not guarantee a water <br />right and the wetland is not required to be maintained as a wetland if changes in the local hydrology occur <br />naturally or do to man -made reasons. <br />The Division contacted the Colorado Division of Water Resources (DWR) to discuss the Monroes permitted <br />well and wetland pond and the Loloff Mine. Ms. Stephanie Hamburg with DWR stated the domestic stock well <br />is permitted and being used properly. The DWR did not inspect the wetland pond during the visit to the <br />Monroe property for the well investigation. <br />Conclusion: <br />The Division does not believe sufficient evidence exists to support the Monroes complaint that the current <br />dewatering activity at the Loloff Mine has "filled in the natural drainage ditch ", which supplies water to their <br />wetland pond. The Corp permit for the wetland pond does not guarantee a water right and no water right for <br />the wetland is approved through the Division of Water Resources. However, the Division does believe the <br />ongoing dewatering activity could temporarily affect the local groundwater elevation in the area. The <br />Operator will be required to determine these potential affects and provide a mitigation plan for permitted <br />water rights in the area. <br />Page 3 of 6 <br />