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PERMIT #: M -1979 -059 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: July 11, 2014 <br />INSPECTION TOPIC: Reclamation Success <br />PROBLEM /POSSIBLE VIOLATION: Problem: Failure to follow approved reclamation plan, or current reclamation <br />plan needs to be updated and clarified pursuant to C.R.S. 34- 32.5 -116 (1). The operator must revise the <br />reclamation plan to account for the clay -lined reservoir and the residence which are not currently approved and <br />which do not match the approved post- mining land use. <br />CORRECTIVE ACTIONS: The operator shall submit an Amendment Application, with the required $2,229 revision <br />fee, to update and clarify the current approved reclamation plan to reflect existing and proposed activities by <br />the corrective action date. <br />CORRECTIVE ACTION DUE DATE: 11/25/14 <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Dick Coulson of Coulson Excavating Company was also present for the inspection. The Brownwood <br />Pit is located % of a mile southeast of Loveland, Colorado. The site is permitted for 148.7 acres and the post - <br />mining land use is wildlife habitat. <br />Mining at the Brownwood Pit is complete. According to the most recent Annual Report, mining last occured in <br />2011. The western portion of the site contains a scale house, fuel storage area, asphalt batch plant and a <br />staging area for recycling asphalt and concrete; this area encompasses approximately 47.1 acres. The eastern <br />portion of the site contains a groundwater pond that is approximately 13.4 acres in size. The Operator is <br />currently backfilling the southern portion of the groundwater pond. The southeast corner of the site contains <br />a clay -lined pond that is approximately 10.4 acres in size. According to the Operator, the pond has passed the <br />State Engineer's 90 day leak test for lined reservoirs. Immediately west of the clay -lined pond is 4 acre parcel <br />which contained exposed groundwater during the last inspection. The Operator has since backfilled this pit to <br />the approximate original contour. The Operator also has a residence and several fields used for pasture within <br />the permit area. The residence and pasture area account for approximately 26.7 acres. <br />The Division has identified several problems which must be addressed. Please see the first page of this report <br />for additional information about corrective actions and corrective action due dates. <br />1. The approved post- mining land use identified in the original Reclamation Permit application is wildlife <br />habitat. A second post- mining land use of pastureland was approved through Amendment No. 2. As noted <br />above, the site contains a residence and a clay -lined pond. In order for the Division to release the site with <br />these features, the post- mining land use must be revised to include residential and developed water resource <br />uses. In addition, if the Operator intends on operating the asphalt batch plant following the release of the <br />operation, then an additional land use of industrial /commercial must be added. The Construction Materials <br />Rules require that significant changes to the post- mining land use be addressed through an Amendment to the <br />Reclamation Permit. <br />2. The approved Reclamation Plan does not include details for a clay -lined pond. The Division considers ponds <br />with clay liners to be developed water resources. As such, the post- mining land use will need to be revised to <br />allow the clay -lined pond to remain on site. In addition, the applicant must provide as -built drawings for the <br />pond. The drawings may be submitted with the Amendment application. Finally, prior to release of the site the <br />Operator must provide documentation demonstrating that the clay -liner passed the State Engineer's 90 day <br />leak test. <br />Page 2 of 5 <br />