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PERMIT#: M-2002-120 <br /> INSPECTOR'S INITIALS: NCG <br /> INSPECTION DATE: June 20,2025 <br /> landowner to purchase the overburden/manure mixture to use as a growth medium for reclamation of the <br /> site. As stated above, this is a possible violation pursuant to C.R.S. 34-32.5-124 for failure to comply with the <br /> condition of a permit and C.R.S. 34-32.5-116(4) for failure to implement the approved reclamation plan. <br /> Additionally, the Division revised the reclamation bond estimate to include purchasing and hauling of topsoil <br /> for reclamation (see Problem #4). <br /> Reclamation Plan Compliance: <br /> According to the approved reclamation plan, all upland areas will be backfilled and graded to existing grade of <br /> approximately 0.2 to 2%, with a 0.5% slope towards the northwest/Big Thompson River within the floodplain. <br /> Upland areas will be topsoiled and seeded. The mined cells will be graded to 3H:1V slopes on the reclaimed <br /> water reservoirs. The conveyor corridor will be reclaimed as upland. The perimeters of the reservoirs will be <br /> topsoiled and seeded above the waterline. Reclamation will be completed with reasonable diligence, within <br /> one to two years from completion of mining, but not more than five years from the date the Operator informs <br /> the Board or Office that such phase has commenced. <br /> Based on a review of the permit file and observations during this inspection, reclamation at the site stalled after <br /> the approval of Amendment 1 in 2019. At that time, the Operator stated that, "reclamation is ongoing across <br /> the site. Cell 3 was mined out and actively being reclaimed and Cell 4 would be mined out within a year and <br /> reclaimed, and Cell 5 would be mined after Cell 4. Reclamation takes approximately one year."The Division <br /> reminds BURNCO of this commitment to carry out reclamation tasks with reasonable diligence once mining is <br /> complete. As stated above, by the corrective action due date, the operator shall submit a Revision to update <br /> and clarify the schedule for completing reclamation activities at the site. During the inspections, the Division <br /> observed that mining is complete in Cells 3, 4, and 5, therefore, the expectation is that all required <br /> earthwork, spillway installation, and initial seeding will be completed within one year in accordance with the <br /> approved reclamation plan. <br /> Financial Warranty <br /> The Division holds a $2,557,725.00 corporate surety for the site. The financial warranty was last reviewed in <br /> 2019 for Amendment 1. After the inspections, the Division estimated the reclamation liability at the site to be <br /> $2,863,111.00 which is $305,386.00 more than the currently held financial warranty. As noted in Problem #3 <br /> above,the Division's reclamation cost estimate is enclosed with this report for the Operator's review. The <br /> Division requests that any questions or concerns regarding the estimated liability level be forwarded to the <br /> Division by July 25, 2025. The Division may issue a surety increase notice after July 25, 2025. In accordance <br /> with Rule 4.2.1(2), BURNCO will have sixty (60) days from the date of the notice of surety increase to provide <br /> the additional financial warranty. <br /> This concludes the Division's Inspection Report; a subset of photographs taken during the time of the <br /> inspection are included below. If you need additional information or have any questions, please contact me at <br /> Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone <br /> at 720-527-1640 or by email at nikie.gagnon@state.co.us. <br /> Page 5 of 24 <br />