Laserfiche WebLink
PERMIT#: M-2002-120 <br /> INSPECTOR'S INITIALS:NCG <br /> INSPECTION DATE: June 20,2025 <br /> completed by the Operator will all reasonable diligence. Additionally, the Division observed a backfilled slope <br /> in the southeast corner of the permit area, adjacent to Cell 4. The operator will need to finish grading the slope <br /> to 3H:1V and revegetate it to prevent erosion. <br /> On the north side of the river, mining of Cell 5 is complete, and the slopes have been graded to 3H:1V. <br /> Topsoiling and seeding have not been completed in this area and two spillways depicted on the reclamation <br /> map need to be installed in the southeast and northwest corners. The original mine plan depicted an oil and <br /> gas well on the north side of Cell 5. This well was abandoned and removed and the pad has been mined out. <br /> As stated above, BURNCO will need to submit a revision to update the mining and reclamation plans to <br /> show the final configuration of Cell 5. <br /> Offsite Impact <br /> During the March inspection, the Division observed a large stockpile area on the west end of Cell 5. Processing <br /> equipment was in use and trucks were observed entering and leaving this area. Mr. Bolduc stated the stockpile <br /> is overburden removed from Cell 5 and the landowner is mixing manure from his cattle operation with the <br /> overburden and generating growth medium and selling it. The material will also be used for future reclamation <br /> of the site. During a review of the permit file and Google Imagery, the Division determined the approved mine <br /> plan does not depict a stockpile area in the floodplain adjacent to Cell 5. Also, it was found that the overburden <br /> stockpile may be outside the permit and affected land boundary. Therefore, the Division conducted a 2nd <br /> inspection on June 20, 2025, to delineate the overburden stockpile and determined that the northwest corner <br /> of the pile, approximately 0.62 acre, is outside the permit boundary. As stated above,this a possible violation <br /> at this time pursuant to C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from <br /> slides or damages occurring during the mining operation. <br /> Hydrologic Balance <br /> As discussed above, the stockpile north of Cell 5 is within the floodplain of the Big Thompson River. During the <br /> inspection, the Division observed sedimentation and erosion channels leading to the river on the south side of <br /> the overburden stockpile (Photos 24-27). The approved mining plan states that silt fence and hay bale dams <br /> will be installed to prevent erosion. When asked about floodplain protection requirements, Mr. Bolduc <br /> informed the Division that BURNCO does not have a current floodplain permit from the Town of Milliken for <br /> this site. As stated above, this is a possible violation at this time pursuant to C.R.S. 34-32.5-124 for failure to <br /> comply with the conditions of the permit or regulation, and C.R.S. 34-32.5-116(4)(h) and (j)for disturbances <br /> to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality of <br /> surface water and failing to effectively control erosion around the overburden pile. Following the inspection, <br /> on June 30, 2025, the operator submitted photos showing grading of the stockpile area and berm construction <br /> to prevent stormwater from flowing into the river (Photos 28-29). <br /> Topsoil <br /> According to the approved reclamation plan, topsoil will be removed and segregated from other spoil and <br /> stored in places and configurations to minimize erosion and disturbance. In accordance with the approved <br /> reclamation plan, topsoil is required to be placed uniformly and spread on all areas disturbed by mining and <br /> around the perimeter of the reservoirs above the waterline. The approved minimum thickness of topsoil to be <br /> replaced is 6 inches above the finished grade. Topsoil not needed for reclamation was approved to be sold. <br /> During the inspection, the Division did not observe any topsoil salvaged and stored on site or placed above the <br /> water line or around the perimeters of mining Cells 3, 4, and 5. According to Mr. Woodcock, all the topsoil was <br /> sold by the previous operator of the mine. Mr. Bolduc stated that BURNCO has an agreement with the <br /> Page 4 of 24 <br />