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PERMIT #: M-1980-135 <br />INSPECTOR'S INITIALS: MAC <br />11' !)F11U 11UN LA 1 L: AUgUS1 GJ, LV 1 V <br />INSPECTION TOPIC: Revegetation <br />PROBLEM/POSSIBLE VIOLATION: Problem: Tamarisk (salt cedar) trees are present within or have volunteered into the permit <br />area and are becoming established. This is a problem for failure to employ weed control methods for a state listed noxious weed species <br />within the permitted area, and to reduce the spread of weeds to nearby areas as required by section 3.1.10 (6) of the rule. <br />CORRECTIVE ACTIONS: The operator shall either implement the existing weed control plan, or develop a weed control and <br />management plan in accordance with Section 3.1.10 (6) of the Rule. This plan should be developed in consultation with the county <br />extension agency, or weed control district office and should include specific control measures to be applied, a schedule for when control <br />measures will be applied and a post-treatment monitoring plan. This weed control plan shall be submitted to the Division as a Technical <br />Revision to the approved plan with the appropriate Technical Revision fee of $216.00 by the corrective action date. <br />CORRECTIVE ACTION DUE DATE: 10/08/10 <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Joel Chisum of Pinneo Feedlot, LLC was also present for the inspection. The Headley site is located <br />approximately 5 miles northeast of Brush, Colorado. The site is permitted for 59.3 acres and the post-mining <br />land use is agriculture. <br />Availability Of Records: <br />According to the Operator, the site has not been mined since the permit was transferred to Pinneo Feedlot, LLC <br />in 2004. Currently the site is being used to graze cattle and for water augmentation purposes. The Operator has <br />indicated that no mining will occur in the future. In addition, no reclamation has been performed to date. Rule <br />3.1.3 states that all reclamation must completed within five years from the date that mining ceases. The failure <br />to reclaim the site within five years has been cited as a problem and will require corrective action by the <br />Operator. <br />As noted above, the Division approved a Succession of Operators from Western Cleanup Corporation to Pinneo <br />Feedlot, LLC in April of 2004. When the permit was transferred to Pinneo Feedlot, a 17 acre tract of the mine <br />site which encompassed Gravel Pit No. 4, was sold to a separate landowner. The Division requested the current <br />Operator provide a basis for a legal right of entry onto the property, which lies on the west side of County Road <br />31. The Operator has not demonstrated a legal right of entry; this has been cited as a problem and will require <br />corrective action by the Operator. <br />Backfilling and Grading: <br />The Headly mine site contains four gravel pits: <br />1) Gravel Pit No. 1 - This gravel pit has highwalls ranging from 14.5 feet to 22 feet in height. The slope of the <br />highwall is 1 H:1 V. The topsoil has been salvaged and stockpiled on the south and north sides of the pit. <br />2) Gravel Pit No. 2 - This gravel pit is located to the south of Gravel Pit No. 1. The pit contains exposed <br />groundwater. The pit walls are approximately 24 feet in height and range from 1 H:1 V to 4H:1 V. Rule 3.1.5 (7) <br />requires pit slopes to be no steeper than 2H:1 V, except from 5 feet above to 10 feet below the expected water <br />line where slopes shall be no steeper than 3H:1 V. <br />3) Gravel Pit No. 3 - This gravel pit is being used as an infiltration pond to augment wells used by Pinneo <br />Feedlot, LLC. The shoreline is vegetated and the slopes are approximately 4H:1 V. <br />4) Gravel Pit No. 4 - This pit was not inspected because the Operator does not currently have a legal right to <br />enter the property. <br />Page 2 of 18