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PERMIT#: M-2002-120 <br /> INSPECTOR'S INITIALS:NCG <br /> INSPECTION DATE: June 20,2025 <br /> CORRECTIVE ACTION DUE DATE: 7/25/25 <br /> OBSERVATIONS <br /> The Bernhardt Resource mine was inspected by Nikie Gagnon, representing the Division of Reclamation, <br /> Mining and Safety (Division), as part of the Division's normal monitoring inspection program. Due to concerns <br /> over compliance with the approved permit conditions, the Division conducted two inspections of the site. The <br /> first inspection was conducted on March 20, 2025, after which, additional file and site review was necessary. <br /> Based on a review of Google imagery and the permit file, the Division was concerned that the operator may be <br /> impacting land outside the permit area and conducted a follow-up inspection on June 20, 2025. Joel Bolduc, <br /> representing BURNCO (Operator), accompanied the Division for both inspections. Bo Woodcock, representing <br /> the landowner, accompanied the Division and Operator during the second inspection. <br /> General Mine Plan Compliance: <br /> The Bernhardt operation permit area is 291.64 acres. The site was mined in 5 phases, leaving four slurry walled <br /> reservoirs which will be operated by the Central Colorado Water Conservancy post mining. The Big Thompson <br /> River bisects the site, flowing from west to east. Portions of the mining areas are within the floodplain of the <br /> river. Mining Cells 1-4 are on the south side of the river and Cell 5 is on the north side. The post mining land <br /> use is developed water resources surrounded by upland pasture. A mine sign was posted at the entrance to <br /> the site, as required by Rule 3.1.12(1). <br /> Mining of cells 1, 3, 4, and 5 is complete. Cell 2 is currently being mined. Slurry walls are installed around all <br /> four reservoirs (Cells 2-5). White plastic markers were observed marking the edge of the slurry walls. According <br /> to the 2025 Substitute Water Supply Plan, reservoirs 2, 3 and 4 have final approval from the Division of Water <br /> Resources (DWR) to operate as reservoirs. The liners around Cells 3 & 4 were damaged in a rain event in May <br /> 2023. Repairs were completed and the new liners were approved on September 4, 2024. The liner around Cell <br /> 5 was provisionally approved by DWR in 2019. Central Colorado Water Conservancy is currently storing water <br /> in Cells 3 and 4. <br /> Cell 1 was mined first and is utilized as a freshwater pond and silt storage area for the mining operation. Once <br /> mining is complete, Cell 1 will be backfilled and graded to the pre-existing grade. Silt storage piles were <br /> observed in this area. <br /> Active mining was observed in Cell 2. The approved mining plan depicts Cell 2 split into two reservoirs due to <br /> overhead powerlines and an oil and gas well. The well has been shut in and the power lines have been <br /> abandoned and removed. The operator is mining Cell 2 as one large reservoir. As stated above, BURNCO will <br /> need to submit a revision to update the mining and reclamation plans to show the final configuration of Cell <br /> 2. <br /> Mining is complete in Cells 3 and 4. During this inspection, the Division observed water stored in Cells 3 and 4. <br /> The reservoir slopes have been graded to 3H:1V or shallower above the water line, however vegetation is not <br /> established on the slopes or around the perimeters to stabilize the shoreline and control erosion. Bare ground <br /> and annual weeds were observed around the reservoirs and wave cutting of the reservoir slopes was noted in <br /> a few spots. A spillway is installed in the northwest corner of Cell 3, consistent with the approved plan. The <br /> reclamation map shows a spillway on the north side of Cell 4. The Cell 4 spillway will need to be installed in the <br /> approved location. The remaining reclamation tasks (topsoiling and seeding) around both reservoirs must be <br /> Page 3 of 24 <br />