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MINE ID # OR PROSPECTING ID #: M-1989-190 <br />INSPECTION DATE: Mry?_3, 010 INSPECTORS INITIALS: 11 F <br />OBSERVATIONS <br />This was a monitoring inspection of the Platte Valley Operation, DRMS File No. M-1989-120 operated by Aggregate <br />Industries - WCR, Inc (Aggregate Industries). This site is located about 3 miles north of Brighton, Colorado in Weld <br />County. I, Jared Ebert of the Colorado Division of Reclamation, Mining and Safety (Division) conducted the inspection. <br />Connie Davis, Mike Soule and Pat Bergin of Aggregate Industries along with Patrick Broda the owner of the Broda Inert <br />Fill and his consultant Mike Molen of Molen & Associates, Inc. accompanied me on the inspection. <br />This is a 190 acre site where the Operator has excavated three open water basins. The current approved reclamation <br />plan calls for backfilling large portions of these basins with inert fill to create uplands, wetlands, and industrial areas <br />surrounding the open water ponds. Patrick Broda of Broda's Inert Fill runs a fill operation within the mine site where he <br />accepts fill from excavation/utility projects throughout the area. This material is brought to the site and backfilled into <br />the Phase 4 pit excavation. Aggregate Industries appears to have an agreement with Mr. Broda to conduct this <br />operation within the permit boundary. In September of 2005, Aggregate Industries submitted a Notice of Material to be <br />Imported for Backfill in accordance with Rule 3.1.5 (9) to obtain Division approval of: the inert fill activity within the <br />permit area. This notice was subsequently approved in November of 2005 by the Division. <br />On April 23?d, 2010 the Division received a copy of a Compliance Advisory letter sent: to Mr. Broda from the Colorado <br />Department of Public Health and Environment (CDPHE). This letter indicated Broda''s Inert Fill has accepted and <br />disposed of solid waste without obtaining a Certificate of Designation as required by CDPHE regulations. Attached to <br />this letter were two inspection reports of site visits conducted by the CDPHE. The inspectors noted rocks, concrete, dirt <br />and asphalt material backfilled in the pit excavations. Mixed with this material was a small amount of organic material <br />such as tree roots and branches. Also, it was noted directional drilling fluid was also being backfilled into the ponds. <br />This inspection was conducted in order to evaluate compliance with the mining and reclamation plan in regards to the <br />inert fill notice approved by the Division. In summary, Aggregate Industries is approved to import 603,000 cubic yards of <br />inert material as defined by Rule 1.1(20) of the Construction Materials Rules and Regulations. This material must be <br />placed in such a way as to result in a post-mining configuration compatible with the approved post mining land use, and <br />the material must be compacted and stabilized in a manner to avoid unacceptable settling voids. <br />Mr. Broda has detailed records as to the amount and type of material his company has accepted and backfilled into the <br />pit excavation. He also has an agreement with Aggregate industries to supply them a report with this information for <br />their records. Mr. Molen showed me an example of some of the records, and it appears the majority of material <br />backfilled at the site is dirt, rocks, concrete and asphalt. Mr. Broada has a sign posted at the entrance of the site and a <br />flyer he gives his clients listing what material is and is not accepted at the site (See Figure 1). According to Mr. Molen, <br />Broda's Inert Fill has accepts on average about 60,000 to 70,000 cubic yards of material per year. This operation began <br />in 2005, so the Division estimates approximately 325,000 cubic yards of material has been backfilled at the site. <br />However, this is just an estimate and the Division will need adequate records to substantiate how much material has <br />been backfilled at the site to date along with documentation of the type of material accepted as backfill. <br />Mr. Broda explained the process of his fill operation. His clients bring in material from various projects. He is usually <br />familiar with the clients and the nature of the material they bring into the site. If he is unfamiliar with the client he or <br />his employees screen the material more carefully. The clients should be aware of what is and is not acceptable to bring <br />in as fill. The material is then dumped at the edge of the pit excavation. A dozer operator and at times another <br />employee surveys the material brought in and they screen out any trash, organic matter or other non-acceptable <br />material. Once the material is accepted it is pushed into the pit excavation with a dozer. <br />The backfilling has only occurred at the northeast corner of the Phase 4 pond (Please see the attached map). It appears <br />to be a slow process and the backfill area is advancing to the south. As each truck load arrives at the site it compacts the