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STATE OF COLORADO
<br />DIVISION OF MINERALS AND GEOLOGY
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215
<br />Denver, Colorado 80203
<br />Phone: (303) 8663557
<br />FAX: (303) 832-8106
<br />Febnlary 28, 2006
<br />Mr. Robert A. Lembke
<br />Cleaz Creek District Water Providers, LLC
<br />5460 S. Quebec St., Ste 110
<br />Greenwood Village, CO 80111
<br />COLORADO
<br />DIVISION O F
<br />MIN aRALS
<br />GEOLOGY
<br />0.EClAMAT10N•NINING
<br />SAEETY•ECIENCE
<br />Bill Owens
<br />Governor
<br />Russell George
<br />Executive Director
<br />Ronald W. Cattany
<br />Division Director
<br />Natural Resource Trustee
<br />Re: File No. M-2004067, MMRR Quarry, 112c Decision Letter -Conditions, Financial and Performance
<br />Warranty Request -Construction Material Operation
<br />Deaz Mr. Lembke:
<br />On December 15, 2005, the Mine Land Reclamation Boazd conditionally approved your 112c mining permit application,
<br />with three (3) conditions of approval. The conditions to the approval aze noted below:
<br />Stipulation No.
<br />Description
<br />1 DMG Stipulation 1: "Prior to initiation of any blasting, earthmoving, or excavating activities at the
<br />MMRR Quarry, the Operator will submit a technical revision, for Division review and approval, containing a
<br />groundwater monitoring plan that meets all requirements of Rule 3.1.7. A copy of the technical revision application will
<br />be provided, by the Division, to all parties to the Boazd Hearing of the original pemrit application. The copies will be sent
<br />to the parties, at their last known addresses, as soon as possible following the Operator's filing of the technical revision.
<br />At a minimum, the technical revision application must include plans to construct at least one monitoring well
<br />hydraulically up-gradient and one monitoring well hydraulically down-gradient from the proposed quarry. The technical
<br />revision must include plans to collect and analyze samples from the wells for a minimum of five calendaz quarters to
<br />establish baseline groundwater quality conditions and piezometric levels. In order to statistically analyze the baseline
<br />data, a minimum of eight samples are required; the Nming of sample collecfion must be as equally spaced over the five
<br />quarter baseline characterization period as is practicably possible. Parameters to be monitored must include gross alpha,
<br />radium 226 and 228, uranium, thorium 230 and 232, pH, turbidity, and static water level. Following the collection of
<br />baseline data and prior to initiation of any blasting, earthmoving, or excavating activities at the MMRR Quarry, the
<br />Operator will submit a technical revision, for Division review and approval, which presents the baseline data and
<br />provides a plan for on-going monitoring including an analysis of parameters to be monitored. A copy of the technical
<br />revision application will be provided, by the Division, to all parties to the Board Hearing of the original pemrit
<br />application. The copies will be sent to the parties, at their last known addresses, as soon as possible following the
<br />Operator's filing of the technical revision. The technical revision will contain the Operator's proposal, in accordance with
<br />Rule 3.1.7, for point(s) of compliance, numeric protection level(s), additional monitoring locations, if any, reporting
<br />plans, including reporting frequency, and a commitment to report in writing to the Division, within five working days,
<br />when there is evidence that an established numeric protection level has been exceeded at a point of compliance. The
<br />technical revision must also contain an action plan for instances where numeric protection levels are exceeded at points
<br />of compliance, such action plan to include immediate re-sampling of the point of compliance, expedited analysis of the
<br />resample, and reporting of the resample results to the Division within 24 hours of the Operator's receipt of the results. If
<br />the resample substantiates that a numeric protection level has been exceeded, the Operator will file with the Division,
<br />within ten working days, a mitigation plan to control the release of contaminants exceeding numeric protection levels to
<br />areas down-gradient of the compliance point. The requirement to provide a mitigation plan within ten working days may
<br />Office of Office of Colorado
<br />Mined Land Reclamation Active and Inactive Mines Geological Survey
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