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PERMIT #: M-1980-135 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: March 30, 2011 <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 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 />The Headley site consists of four gravel pits; the purpose of this inspection was to inspect Gravel Pit No. 4. <br />During the last inspection conducted on August 25, 2010, the Division did not inspect Gravel Pit No. 4 as the <br />Operator no longer had a legal right of entry onto the property. The Division staff and the Operator met with <br />Mr. Darwin Montgomery, the owner of the property which contains Gravel Pit No. 4.The pit has been <br />excavated to a depth of approximately 8 feet and is 0.9 acres in size. The side slopes of the pit have been <br />graded to 3H:1V and appear stable; no signs of erosion were observed. The pit walls and the upland area <br />surrounding the pit are vegetated with native grasses. There was approximately one foot of groundwater <br />covering the pit floor; the presence of cattails indicated water is continually present in the pit. According to <br />Mr. Montgomery, the water level does not fluctuate greatly from its current level. <br />The current Operator has not mined this portion of the Headley site since taking over the Reclamation Permit <br />in 2004. The Division reviewed the permit file and could not find any evidence that Gravel Pit No. 4 was mined <br />following the issuance of the Reclamation Permit in 1980. The Headley mine was operational prior to the <br />issuance of a Reclamation Permit and the documents submitted during the Division's review of the permit <br />application suggest that Gravel Pit No. 4 was mined before a Reclamation Permit had been issued; a copy of <br />the Mining Plan Map submitted with the original permit application has been attached to this report. In <br />addition, the Division obtained an aerial photograph (copy attached) from the Natural Resources Conservation <br />Service (NRCS) Office in Fort Morgan. According to the NRCS records, the aerial photograph was taken in 1979 <br />and depicts the site in its current configuration, including the presence of groundwater. By comparing the <br />1979 aerial photograph with an aerial photograph from 2009, the Division has determined Gravel Pit No. 4 <br />was mined prior to the issuance of the Reclamation Permit. In addition, the groundwater in the pit was <br />exposed prior to January 1, 1981 and is therefore exempt from augmentation requirements as outlined under <br />Senate Bill 120. <br />Based on observations made during the inspection, the Division has determined that Gravel Pit No. 4 has been <br />reclaimed. This parcel of the Headley site will be eligible for release once the Operator submits documentation <br />from the Office of the State Engineer (SEO) which demonstrates the groundwater in Gravel Pit No. 4 is not <br />subject to augmentation requirements. Once the Division receives the documentation from SEO, the Operator <br />may file a partial release request for this portion of the Headley site. <br />This concluded the inspection. <br />Page 2 of 4