2015-10-30_INSPECTION - M1977534

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PERMIT #: M-1977-534 INSPECTOR'S INITIALS: MAC INSPECTION DATE: October 20, 2015 OBSERVATIONS The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division). John Hardy and Will Stambaugh were present on behalf of the City of Golden. The landowner was represented by Sally Guanella Buckland, Glenda Buckland, Phil Buckland and Mark Buckland. The Empire Pit is located approximately one mile west of Empire, Colorado. The site is permitted for 138.58 acres and the post - mining land uses include developed water resource and pastureland. On September 17, 2015, the Division received a request for a release from further reclamation responsibility. Pursuant to Rule 4.17.2(1), the Division sent notice of the release request to the Clear Creek County Commissioners and the Jefferson Conservation District. The Division received a comment from Clear Creek County on September 30, 2015; Clear Creek County requested that the City of Golden coordinate future weed control efforts with the County's Noxious Weed Control Supervisor. In addition, the Division received a letter of objection from Sally Guanella Buckland and Glenda Buckland on October 10, 2015. The purpose of the Division's inspection was to determine if the Operator had successfully completed reclamation of the Empire Pit in accordance with the approved Reclamation Plan and the reclamation performance standards. The Empire Pit is composed of two areas, the West Side (Guanella Reservoir and dam) and the East Side (Process Area). The West Side was reclaimed to a reservoir in 2003. The reservoir is currently in use and the Operator previously demonstrated compliance with the Office of the State Engineer by providing documentation which shows that evaporative losses from the reservoir are covered under a court approved augmentation plan (case no. 83CW361). The remaining reclamation of the East Side was completed in 2013. Reclamation on the East Side consisted of grading to the approximate original contours of the site. The area then received 4 tons of manure and 4 tons of biosol per acre prior to a fall seeding. Reclamation Success: While traversing the East Side of the Empire Pit the Division observed refuse scattered throughout the site. The refuse consisted of pieces of filter fabric, small pieces of plastic, scrap metal, etc. In addition, the Division observed a small area at the southwest corner of the East Side which contained chunks of asphalt on the ground surface. Also, the north fence line of the East Side contained pieces of rebar and wooden posts which were used to anchor sediment fencing. The presence of trash throughout the site has been cited as a problem; please see the first page of this report for additional information. The Division compared the Reclamation Plan Map to the existing site conditions and found several discrepancies. First, the Reclamation Plan Map shows an access road around the perimeter of the East Side. The perimeter road on the East Side has been removed and reclaimed. Second, the area immediately to the east of the reservoir is a graveled staging area for the ongoing maintenance of the reservoir. The staging area is approximately 3.4 acres and currently contains a stockpile of boulders which are used on the dam. The staging area is separated from the East Side by a barbed wire fence. The Reclamation Plan Map does not illustrate the staging area. Therefore, the Reclamation Plan Map must be updated to reflect the existing site conditions. This matter has been cited as a problem; please see the first page of this report for additional information. Revegetation: The Division traversed the East Side of the Empire Pit to evaluate revegetation of the site. The grasses within Page 3 of 7