HomeMy WebLinkAbout20110604.tiff STATE OF COLORADO-
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215 __ COLORADO
Denver,Colorado 80203 Weld County Planning Department ----- — --.. DIVISION OF
Phone:(303)866-3567 GREELEY OFFICE RECLAMATION
FAX:(303)832-8106 _ '.l M I N I N G
NOV fl ?9nln SA FE
October 28,2010 ., IVED 711 rl
(", Bill Ritter,Jr.
i Governor
Clay Kimmi i Weld County Public Works " f Mlke King
Director
1111 H Street, P.O. Box 758
Loretta E. Frieda
Greeley, Colorado 80632 Director
RE: Lafarge West, Inc. Hamm Pit(M-1987-176)
Division of Reclamation,Mining and Safety; Notice of Acreage Reduction Approval (AR-07)
Dear Mr. Kimmi,
The Division of Reclamation, Mining and Safety(Division) received your letters in regards to the above
reference mine sites. You requested the Division not release any portion of the mine sites until such
time as Federal Emergency Management Agency has approved a Letter of Map Revision (LOMR)for
these operations. The Division requires every Operator to whom a permit is issued perform the
reclamation prescribed by the reclamation plan. In accordance with Rule 4.17.2 (5) of the Mineral Rules
and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction
Materials, if the Division finds a Permittee has successfully complied with the requirements of the Act,
Rule and Regulations, and the approved reclamation plan, the Office shall release all applicable
performance and financial warranties.
In the case of the 51 acre Heaton parcel of the Hamm Pit, the Division has found the Operator has
completed all portions of the reclamation plan and have complied with our regulations and are
therefore eligible for release. In accordance with C.R.S. 34-32.5-104,the Division does not have the
authority to enforce other local, state, or federal agency permits which may require an Operator to
conduct and receive approval of a LOMR. The release of the performance and financial warranties by
the Division to the Operator does not preclude the Operator from complying with other local, state or
federal agencies regulations. If Weld County regulations require the Operator to obtain a LOMR,the
County must enforce this requirement.
On October 28, 2010,the Division approved the acreage reduction (AR-07)for the Heaton parcel of the
Hamm Pit. Any person directly and adversely affected or aggrieved by an Office decision to approve or
deny the request for reclamation responsibility release and whose interests is entitled to protection
under the Act may appeal the decision to the Colorado Mined Land Reclamation Board by submitting a
request for Administrative Appeal to the Division according to the provision of Rule 1.4.11.
Any petition for a hearing to appeal the Office's decision must be received in writing within 30 days of
the date of the Division's approval of the release(November 27, 2010). Such a petition for a hearing
shall state how the petitioner is directly and adversely affected or aggrieved by the Division's decision,
and how the petitioner's interests are entitled to protection under the Act. The petition shall list and
explain any issue that should be considered by the Board at the Hearing on the matter. Finally, within
Ce, 2011-0604 Pug ii
3-a:O
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
9 1
the petition please specify the Division file number for the sites whose release they intend to appeal
(Hamm Pit; M-1987-176).
If you have any questions please feel free to contact me at (303)866-3567 ext. 8120.
Sincerely,
Jared Ebert
Environmental Protection Specialist—DRMS
Enclosures: 1.) DRMS 18 October 2010 Inspection Report
Cc: Tony Waldron; DRMS
Loretta Pineda; DRMS
Anne Best Johnson; Lafarge West, Inc.
•
o4 c%%o COLORADO DIVISION OF RECLAMATION, MINING AND.SAFETY
l�� _
„' K�'- MINERALS PROGRAM INSPECTION REPORT
PHONE: (303) 866-3567 CICI '3 9 2010
The Division of Reclamation, Mining and Safety has conducted an inspection of the mining-operation. I `[
noted below. This report documents observations concerning compliance with the terms of the permit
and applicable rules and regulations of the Mined Land Reclamation Board.
MINE NAME: MINE/PROSPECTING ID#: MINERAL: COUNTY:
Hamm Pit(Heaton parcel inspected) M-1987-176 Sand and Gravel Weld
INSPECTION TYPE: INSPECTOR(S): INSP.DATE: INSP. TIME:
Surety-Related Inspection Jared L. Ebert October 18,2010 08:00
OPERATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION:
Lafarge West,Inc. Anne Best Johnson 112c-Construction Regular Operation
REASON FOR INSPECTION: BOND CALCULATION TYPE: BOND AMOUNT:
Normal I&E Program Complete Bond $393,000.00
DATE OF COMPLAINT: POST INSP.CONTACTS: JOINT INSP. AGENCY:
N/A None None
WEATHER: INS CTQ/ R'S . ATUR : SIGNATURE DATE:
Clear ,u'irV V October 28,2010
GENERAL INSPECTION TOPICS
This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each.No problems
or possible violations were noted during the inspection.The mine operation was found to be in full compliance with Mineral
Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials and/or
for Hard Rock,Metal and Designated Mining Operations.Any person engaged in any mining operation shall notify the office
of any failure or imminent failure,as soon as reasonably practicable after such person has knowledge of such condition or of
any impoundment,embankment,or slope that poses a reasonable potential for danger to any persons or property or to the
environment; or any environmental protection facility designed to contain or control chemicals or waste which are acid or
toxic-forming,as identified in the permit.
(AR)RECORDS Y (FN) FINANCIAL WARRANTY Y (RD)ROADS Y
(HB)HYDROLOGIC BALANCE Y (BG) BACKFILL& GRADING Y (EX)EXPLOSIVES NA
(PW)PROCESSING WASTE/TAILING---- Y (SF)PROCESSING FACILITIES Y (TS)TOPSOIL Y
(MP)GENL MINE PLAN COMPLIANCE- Y (FW)FISH &WILDLIFE Y (RV)REVEGETATION---- Y
•
(SM)SIGNS AND MARKERS Y (SP)STORM WATER MGT PLAN---- N (SB)COMPLETE INSP---- N
(ES)OVERBURDEN/DEV.WASTE NA (SC)EROSION/SEDIMENTATION--- Y (RS)RECL PLAN/COMP--Y
(AT) ACID OR TOXIC MATERIALS Y (OD)OFF-SITE DAMAGE--------------Y (ST)STIPULATIONS N
V=Inspected and found in compliance/N=Not inspected/NA=Not applicable to this operation/PB=Problem cited/PV=Possible violation cited
Page 1 of4
PERMIT#: M-1987-176
INSPECTOR'S INITIALS: JLE
INSPECTION DATE: October 18,2010
OBSERVATIONS
This was an acreage reduction (AR07)request of the Heaton parcel of the Hamm Pit,DRMS file No. M-1987-176,
operated by Lafarge West, Inc. (Lafarge). This site is located two miles east of Longmont, Colorado in Weld County. I,
Jared Ebert and Tim Cazier of the Colorado Division of Reclamation, Mining and Safety(Division) conducted the
inspection. Mrs. Anne Best Johnson,Mrs. Christine Lemanski and Mr. Casey Felmlee of Lafarge accompanied me on the
inspection.
Lafarge has requested the release of 51 acres of the Heaton parcel of the Hamm Pit located at the southern most end of the
permit area. The post mine land use designated for this portion of the permit area is developed water resources. Two
lakes are located within this parcel. The east lake has been lined with clay and passed the Office of the State Engineer's
(SEO) leak test in 2003. The west lake is not lined but contains ground water exposed prior to 1981. According to a letter
received by the Divison dated September 28, 2010, from the Colorado Division of Water Resources, the groundwater
exposed in the west pond is exempt from the requirement to replace evaporative deletions.
Earlier this year, Lafarge requested a release for the same parcel of the Hamm Pit(AR-06). The previous release was
denied for several reasons. The Division had not received confirmation the western exposed groundwater pond had been
in place prior to 1981 and was therfore exempt from obtaining an augmentation plan. Lafarge had planted the wrong
species of grass at the site and thus had not complied witht the approved reclamation plan; and several noxious weeds at
the site such as Knapweed and Thistle had begun to establish in several locations around the site.
As stated above,the Division received confimation the exposed groundwater lake was exempt from replacing evaporative
depletions. According to Mr. Felmlee the weeds infested at the site had been treated with a herbicide. Much of the
infested area appered to have been treated, in accordance with the approved weed control plan. Lafarge updated the
reclamaiton plan to reflect the speices of grass planted at the site by obtaining Division approval of a Technical Revision
(TR-04). Given the post mine land use of the Heaton parcel,the Division approved the modification of the grass species
required to be established for this parcel only. Lafarge is encouraged to review the current approved reclamaition plan
prior to implementing reclamation measures at future sites.
The Heaton Parcel was included in the Hamm Pit permit during the 1998-1999 amendment(AM01). As stated above, the
site has been reclaimed leaving and open groundwater pond to the west and a clay lined water storage reservoir to the east.
Prior to pemitting the site, an 11 acre ground water pond existed in the location of the current open ground water pond.
The elevation of the top bank of the ponds appears to be consistant with the surrounding topography. Highway 119
boarders these ponds to the north. The berm highway 119 is built on is higher than the top of the bank of the ponds in the
Heaton Parcel. From the top of the pond to the top bank of St. Vrain Creek,the land is vegetated with grasses and large
cottonwood trees. The topography rises from the top bank of the creek to the top level of the land surrouding the western
groundwater pond not unlike any other creek or stream. According to Mr. Felmlee, C-DOT installed rip-rap along the
bank of the St. Vrain Creek just south of the Highway 119 bridge near the northwest corner of the western groundwater
pond. The creek bank is stabilized from erosion with rip-rap and established vegetation such as willows. The top bank of
the western pond is approximately 140 feet from the top of the east creek bank. This appears to be the closest point of the
creek in relation to the reclaimed pond. This is also the location of the C-DOT rip-rap. Given the thick vegetation
established on the land between the pond and the creek, the slope of the pond bank and the rip-rap placed along St. Vrain
creek, it seems unlikely a failure would occur allowing the river to breach into the western pond.
On September 20th,2010 the Division received a letter from Weld County objecting to the acreage reduction. In
summary,the County believes the mining and reclamation activity at the site has potentially impacted the hydrologic
balance and funciton of the St. Vrain River which could possibly cause offsite impact in the event of a 100—year flood.
They specifically requested the Division not release any portion of the mine site until such time as the Federal Emergency
Management Agency(FEMA)has approved a Letter of Map Revision(LOMR)which documents any impacts the mine
has had on the 100-year floodplain. The Division believes requiring the Operator to receive FEMA approval of a LOMR
is beyond the scope of it's jurisdiction. In accordance with C.R.S. 34-32.5-104,the Division does not have the authority
to enforce other local, state, or federal agency permits which may require an Operator to conduct and receive approval of a
LOMR. The release of the performance and financial warranties by the Division to the Operator does not preclude the
Page 2 of 4
r PERMIT #: M-1987- 176
1' INSPECTOR'S INITIALS: JLE
INSPECTION DATE: October 18, 2010
Operator from complying with other local, state or federal agencies regulations. If Weld County regulations require the
Operator to obtain approval of a LOMR, the County must enforce this requirement.
Given the observations made during this inspection, the Division will grant the acreage reduction request (AR07).
Approval of the acreage reduction will be addressed under a separate letter from the Division.
PHOTOGRAPHS
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Figure 1 .) Northwest corner of lined lake looking north. Figure 3.) Northern pit slope of eastern lined lake, looking
Elevation of the top bank of the pond below berm for west. Berm above Highway 119 to the north is above the the
Highway 119. bank of the pond.
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Figure 2.) Canada thistle patch treated with a herbicide along Figure 4.) From the northwest corner of the open groundwater
the southern peninsula of the southern pit slopes of the east pond, looking south. St. Vrain Creek to the right. Bank stable
lake. • with vegetative cover.
Page 3 of 4
1
PERMIT #: M- 1987-176
INSPECTOR'S INITIALS: JLE
INSPECTION DATE: October 18, 2010
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Figure 5.) Creek bank stabilization, eastern creek bank south Figure 7.) Southwest corner of eastern pond looking
of Highway 119 bridge, near northwest corner of eastern pond. southwest. Topography similar to the surrounding area.
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Figure 6.) Creek bank stabilization, eastern creek bank south
of Highway 119 bridge, near northwest corner of eastern pond.
Inspection Contact Address
Anne Best Johnson
Lafarge West, Inc.
11409 Business Park Circle, Suite 200
Longmont, Colorado 80504 .
Cc: Tony Waldron, DRMS
Clay Kimmi, Weld County
Tim Cazier, DRMS
Page 4 of 4
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