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PERMIT #: M -1980 -183 <br />INSPECTOR'S INITIALS: TOD <br />INSPECTION DATE: January 22, 2015 <br />submittal were a dewatering well or a french drain. Other than surveying and well monitoring, the only work <br />the Operator has conducted to -date on the ground in the Einspahr property is the excavation of approximately 3 <br />pits in the pasture. Each pit is less than about 10 feet in diameter and is about 5 to 8 feet deep. The Operator <br />explained that the pits are lined or filled with gravel. Implementation of this plan on site did not eliminate the <br />flooded conditions of the property nor was the plan ultimately implemented by the Operator properly designed <br />to eliminate the flooded conditions. At the time of this inspection flood waters still existed in significant <br />quantities on the Einspahr property. <br />CONCLUSION <br />Based on observations made during the inspection, the Division believes the Operator has: <br />1) Failed to eliminate flooded conditions on the Einspahr property by the Board - ordered deadline of <br />January 17, 2015, <br />2) Failed to minimize disturbance to the prevailing hydrologic balance in the surrounding area (C.R.S. 34- <br />32.5- 116(4)(h)), and <br />3) Failed to protect areas outside the affected land from damage (C.R.S. 34- 32.5 - 116(4)(1)). <br />The Division will schedule this matter for consideration by the Mined Land Reclamation Board during the <br />March 25 -26, 2015 Board meeting, located at 1313 Sherman Street, Room 318, Denver, Colorado. Official <br />notice of the March 25 -26, 2015 Board meeting will follow under separate correspondence addressed to <br />Brannan Sand and Gravel Company, L.L.C. The Construction Materials Act and Rules may be reviewed at the <br />Division's website, www.mining.state.co.us. <br />Page 3 of 7 <br />