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PERMIT#:M-2000-050 <br /> INSPECTOR'S INITIALS:RAR <br /> INSPECTION DATE:August 15,2022 <br /> OBSERVATIONS <br /> This was a monitoring inspection conducted as part of the normal DRMS oversight process. The Permittee <br /> (Lincoln County,)was represented by Ty Stogsdill, Steve Burgess (Lincoln County Commissioner), and <br /> Bruce Walters throughout the inspection. The Broken Spear Pit is accessed from Highway 160 (31), off of <br /> County Road 3W. It is located approximately 13 miles north of Genoa, Colorado. This is a 110c permit for <br /> sand and gravel. The weather was sunny, clear,with a steady breeze. There had been significant rain in the <br /> last two weeks. <br /> The site was inactive at the time of inspection with the exception of a pump operating to pump water from <br /> recent rains out of the pit. The natural channel of the Arikaree River had transmitted sufficient water, <br /> breaching the berm around the pit and surrounding the material stockpile with water. The north face of the <br /> stockpile appeared to have slumped. Water retention in the pit has been a persistent problem, mentioned in <br /> the 2017 and 2020 inspection reports. <br /> Availability of Records: Annual fees are paid through October of 2022, and so are due in the near future. <br /> The previous inspection was on 9 September 2020. The permit acreage comprises 9.83 acres. The approved <br /> post-mine land use is rangeland. In November of 2020 a photo of corrective action was submitted regarding <br /> berm construction to promote natural flow through the river bed. The corrective action resulted from the <br /> September 2020 inspection. <br /> Backfilling and Grading: Product is mined by excavating the river beds of the Arikaree and the Currie <br /> Rivers. As such backfill material is not likely to be needed for reclamation. <br /> Financial Warranty: This pit is permitted by Lincoln County, therefore no bond is required by the Division. <br /> Hydrologic Balance: Significant standing water was noted at the bottom of the pit. The water surrounded a <br /> gravel stockpile. It appears that he berm on the west side of the pit had been breached by surface runoff and <br /> stream flow due to recent rains. Water was being pumped out of the north end of the pit into the Currie River <br /> Channel. The Division has no evidence that he operator has a valid well permit, substitute water supply plan <br /> or approved water augmentation plan for any exposed groundwater at the site or surface water impounded for <br /> greater than 72 hours. This is a problem related to 34-32.5116(4)(h) of the Colorado Revised Statutes and <br /> Rule 3.1.6(1)(a) of the Construction Materials Rules and Regulations governing injury to existing water rights. <br /> CORRECTIVE ACTIONS: The Operator shall demonstrate that the operation is in compliance with the <br /> Office of the State Engineer(SEO), show evidence of taking measures to bring the site into compliance with <br /> the SEO, ensuring the mine pit positively drains to the stream channel by the corrective action date specified <br /> above. <br /> Further, in accordance with C.R.S. 34-32.5-116(4)0), all surfaces of the affected land shall be stabilized and <br /> protected so as to effectively control erosion. Lincoln County will need to re-establish the berm separating the <br /> pit from Currie Creek. Also, Lincoln County will need to design flood inlet and outlet structures to allow <br /> flood water to enter and exit the pit in a controlled manner. Therefore, Lincoln County needs to submit a <br /> Technical Revision for these design plan. <br /> Gen. Compliance with Mine Plan: The operation appeared to be in compliance with the approved mine plan, <br /> with the exception of the citation of standing water in the pit. <br /> Off-site Damage: At the time of inspection the operation appeared to be confined to the permit boundary, <br /> Page 3 of 9 <br />