2025-11-13_ENFORCEMENT - M2002118

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PERMIT#:M-2002-118 INSPECTOR'S INITIALS:AMG INSPECTION DATE: September 10,2025 land within the northern buffer area consists of a portion of the processing area and an internal road. The affected land within the eastern buffer area also consists of a portion of the processing area and internal road, as well as part of a stormwater berm, and an area where a portable truck scale was located but has since been removed(see Photos 2, 3, and 12-14.) • Total off-site disturbance o If the fence line accurately depicts the Landowner's boundary, the Division estimates that the 200-foot buffer zone and unapproved haul road total about 12 acres of offsite impact. o If the parcel data from the Huerfano County Assessor accurately depicts the Landowner's boundary, the Division estimates that the 200-foot buffer zone and unapproved haul road total about 14.7 acres of offsite impact. Because areas have been affected outside of the permit boundary, this has been cited as a possible violation. The Division will bring this matter before the Mined Land Reclamation Board (MLRB/Board) for a hearing for consideration of a possible violation pursuant to C.R.S. 34-32.5-116(4)(i)for failure to protect areas outside of the approved affected land from slides or damages. The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via certified mail to the Operator. The results of this hearing will also determine the appropriate revision required to address the additional disturbed area in excess of the 30- acre maximum allowed disturbance. Hydrologic Balance and Sediment Control: No standing water was observed ofsite at the time of the inspection. Low earthen berms were observed around the affected area acting as storm water controls, as approved in the mining plan. The slopes around what had been the pit area have been backfilled and graded to a 3H:IV. Some erosion rills were observed on the slopes. The Operator shall stabilize the slopes, topsoil, and seed them,pending instruction on how to proceed following the MLRB hearing. Backfilling, Grading, Topsoil, Revegetation, and Reclamation Success: The Division's previous two inspections note that topsoil had not yet been replaced on the slopes. During this inspection, the Operator confirmed that the topsoil has not yet been replaced at the site. The entire affected area still requires topsoiling and revegetation, and the processing area will require ripping prior to topsoiling. A large topsoil pile is located on the southside of the disturbed area boundary. Overall,the pile appears stable and vegetated. Signs and Markers: A mine sign was posted at the entrance to the site, but lists the previous Permittee. This has been cited as a problem above. The Operator shall update and/or replace the sign to reflect the current Permittee. A couple white PVC posts serving as permit boundary markers were observed during the inspection. However,the markers appeared to be incorrectly placed, as they were within 200' of the Landowner's fences. Prior to the inspection, the Division attempted to georeference the approved mining plan map, but had difficulty aligning markers depicted on the map with aerial imagery. Additionally, the map polygon appears to be at least 30 acres larger than what is actually permitted. Due to these discrepancies, this has been cited as a problem above. The Operator shall conduct a survey to identify the accurate permit boundary and replace the affected boundary markers in compliance with Rule 3.1.12(2). Financial Warranty: The Division currently holds a reclamation bond in the amount of$130,100 for this site. The Division has updated the estimate for the reclamation liability,reflecting the current site conditions, and found it to be Page 5 of 18