2010-07-12_INSPECTION - M1974070

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PERMIT #: M-1974-070 INSPECTOR'S INITIALS: JLE INSPECTION DATE: July 1, 2010 OBSERVATIONS This was a full performance and and financial warranty release request (SL-01) inspection of the Nelson Pit; DRMS File No. M-1974-070 operated by Lafarge West, Inc (Lafarge). This site is located about five miles southeast of Longmont, Colorado in Weld County. I, Jared Ebert of the Colorado Division of Reclamation, Mining and Safety (Division) conducted the inspection. Mrs. Anne Best Johnson and Mr. Casey Felmlee of Lafarge accompanied me on the inspection along with Todd and Les Williams the landowners of the site. This is a 360 acre site reclaimed into eight openwater lakes along Boulder Creek. The post mine land use designated for the operation is recreation. This inspection was conducted in order to judge the reclamation success of the site. This site was inspected back on February 11th, 2010 in order to facilitate the approval of Technical Revision 03. Overall, very little has changed at the site since that time. The majority of the site is fully reclaimed. Gassy vegetation has established thoughout the majority of the site and the Operator appears to have implemented a successful weed control plan. The grading around each of the lakes and the reclaimed areas is within the specifications of the approved reclamation plan. The exposed ground water in the lakes have a long term augmentation plan approved by the Office of the State Enginner. Several issues remain that inhibit the approval of the full site release. First, during the Technical Revision 03 process, the Operator requested leaving several small piles of fill dirt near the approved house pad location. The Division denied this request. During this inspection, the landowners ask for this material to remain on site for their own personal use, and committed to not selling the material. The landowners agreed to sign an affidavit inidcating they approved leaving this material in place and would commit to using it only for their own personal use and would not sell the material. Given this, the Division would approve this request. Second, the Landowner has imported a stockpile of concrete rip-rap. They have staged this material next to the Barn and Silo on the west side of the permit area. They imported this material to armor Boulder Creek near the southeast corner of Lake 1(See Figure 3 &5). Mr. Les Williams indicated they had a Army Corp of Enginners permit to condict this activity. They intended on completing the armoring work this summer; however, the high water flows of the creek have prevented them from conucting this activity. Armoring of the creek bank is scheduled to occur once the summer highwater flows have ceased this year, and the rip-rap will not longer be stockpiled at the site. In order to confim this activity the Landower agreed to supply a copy of the Army Corp of Enginners permit to the Division to substantiate this activity. Third, there are several areas adjacent to the lakes where the desired vegetation has not establsihed enough for reclamation release. These areas were primarily vegetated with Kochia weed and Cheatgrass, not necessarily noxious weeds, but species that have inhibited the growth of the desired vegetation. The locations of these areas are primarly lands east of lakes 5 and 6, and north of lake 7. Lafarge will need to continue to treat these areas and interseed with the desired vegetation. In low lying areas adjacent to Lake 5 and 6, the water table appears to breach the ground surface sporaticaly and as a result, very little vegetation established in these areas (See Figures 14- 16). Mr. Felmlee indicated Lafarge is attempting to create a wetland area to accommodate an Army Corp of Enginners permit. They have been attempting to cultivate wetland vegetation in this area. Given these issues listed above, the Divison cannot approve the full performance and warranty release. Mrs. Johnson stated she would withdraw the full warranty release request. However, the majority of the site is ready for release, so an Acreage Reducition would be appropriate. An agreement was made between Lafarge, the Division and the Landowners where the current vegetation is not adequate for full warranty release. Mrs. Johnson indicated in lieu of a full site release, she would submit and acreage reduction request for the areas ready for full release. Once this information is submitted, the Division will review the request and process it in accordance with our Rules and Regulations. Also, the Operator will need to submit the signed affidavit from the landowner indicating they wish the fill dirt to remain on the site for use on their own land, along with a commitment the material will not be sold. For the rip-rap material stockpiled at the site, the Operator will need to submit evidence indicating this material will be used for the stated armoring activity along Boulder Creek. A copy of the Amry Corp of Engineers permit would suffice along with a cover letter explaining the proposed activites. Page 2 of 6