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COLORADO <br /> M <br /> Divisionining ofand ReclamSafetyation, <br /> CDNR <br /> Department of Natural Resources <br /> MINERALS PROGRAM INSPECTION REPORT <br /> PHONE: (303) 866-3567 <br /> The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation <br /> noted below. This report documents observations concerning compliance with the terms of the permit <br /> and applicable rules and regulations of the Mined Land Reclamation Board. <br /> MINE NAME: MINE/PROSPECTING ID#: MINERAL: COUNTY: <br /> Bernhardt Resource M-2002-120 _ Sand and gravel Weld <br /> INSPECTION TYPE: WEATHER: Clear INSP. DATE: INSP.TIME: <br /> Monitoring - June 20,2025 10:00 <br /> OPERATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION: <br /> BURNCO Colorado, LLC Joel Bolduc 112c-Construction Regular Operation <br /> REASON FOR INSPECTION: BOND CALCULATION TYPE: BOND AMOUNT: <br /> Normal I&E Program Complete Bond $2,557,725.00 <br /> DATE OF COMPLAINT: POST INSP.CONTACTS: JOINT INSP.AGENCY: <br /> NA None None <br /> INSPECTOR(S): INSPECTOR'S SIGNATURE: SIGNATURE DATE: <br /> Nikie Gagnon July 10, 2025 <br /> (4(4 lnøs-,t_. <br /> The following inspection topics were identified as having Problems or Possible Violations. OPERATORS <br /> SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE <br /> WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a <br /> Possible Violation is indicated,you will be notified under separate cover as to when the Mined Land <br /> Reclamation Board will consider possible enforcement action. <br /> INSPECTION TOPIC: Off-site Damage <br /> POSSIBLE VIOLATION #1: On June 20, 2025, the Division observed an overburden stockpile adjacent to Cell 5 <br /> partially placed outside of the approved permit and affected land boundaries. This is a possible violation at this <br /> time pursuant to C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operation. <br /> CORRECTIVE ACTIONS: This possible violation will require a hearing before the Mined Land Reclamation Board. <br /> The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via <br /> certified mail to the operator. <br /> CORRECTIVE ACTION DUE DATE: Tentative MLRB hearing date - 8/20/25 <br /> INSPECTION TOPIC: Hydrologic Balance <br /> POSSIBLE VIOLATION #2: During the inspection, the Division observed a large overburden stockpile on the north <br /> side of the permit area within the floodplain of the Big Thompson River. The stockpile area is not identified in the <br /> approved mining plan. The Division also observed inadequate stormwater control practices in the area of the <br /> stockpile. Additionally, the Operator does not have an active floodplain permit from the Town of Milliken. This is <br /> a possible violation pursuant to C.R.S. 34-32.5-124 for failure to comply with the conditions of the permit or <br /> regulation and C.R.S. 34-32.5-116(4)(h) and (j) for disturbances to the prevailing hydrologic balance of the <br /> affected land and of the surrounding area and to the quality of surface water and failing to effectively control <br /> Page 1 of 24 <br />