2011-05-09_INSPECTION - M1997007

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PERMIT #: M-1997-007 INSPECTOR'S INITIALS: JLE INSPECTION DATE: April 26, 2011 OBSERVATIONS This was an acreage reduction request (AR01) inspection of the Bijou Clay Pit; DRMS File No. M-1997-007, operated by Acme Brick Company. This site is located approximately 7.5 miles east of Kiowa, Colorado in Elbert County. I, Jared Ebert of the Colorado Division of Reclamation, Mining and Safety conducted the inspection. Mr. Robert Tibbetts of Acme Brick Company accompanied me on the inspection. This is a 30.06 acre 112c clay mining operation. The Operator requested a release of 9.2 acres of the western portion of the site. The majority of this area appears to have not been disturbed by the mining operation. The Division mapped the currently market permit boundary and affected land boundary using a Trimble GeoXT GPS unit. A map of the Division's findings is enclosed with this report. Based on these measurements, it appears a portion of the land requested for release has been affected by the mining operation. The Division must deny the acreage reduction request. The boundary markers posted at the site are not in the correct location. The shape and size of the marked permit boundary does not coincide with the current approved mining plan map. Based on the Division's survey, approximately 20 acres of land have been affected by the mining operation. At this time, it is unclear if land has been affected outside of the approved permit boundary. This issue is cited as a problem at the beginning of this inspection report and will require corrective action to be taken by the Operator. The Operator will need to conduct a survey of the site and correctly mark the permit boundary. Once this activity is completed, the Operator will need to send a written notice to the Division indicating this has been completed, and the Division will conduct a follow-up inspection to verify the boundary has been marked correctly. The current affected land consists of; an access/haul road that enters the site at the western end of the property, a clay stockpile storage area and a graded area. The graded area is located in the Phase 2 and 3 mining area. According to Mr. Tibbetts, a large highwall pit excavation was located in the graded portion of the site. The Operator has graded this area creating a basin that drains to a central location along the northeast boundary. The map depicts the slope aspect and drainage pattern with yellow arrows. It appears all the storm water from the graded area drains from this location and a significant cut has formed along the northeast boundary. This issue is cited as a problem at the beginning of the inspection report and will require corrective action to be taken by the Operator. The erosion gulley will need to be fixed and stabilized to prevent offsite damage (with rip-rap, straw bales... etc.). A copy of this report will be sent to the Colorado Department of Health and Environment. The side slopes of the graded area have been constructed at approximately a 3:1 horizontal to vertical ratio or less. According to Mr. Tibbetts, topsoil has not been spread over this area; however, the area was broadcast seeded last fall. No vegetation has begun to establish in this area. A stockpile of topsoil appears to be located in the northwest corner of the affected land. According to the current approved reclamation plan, the Operator must spread 4 inches of topsoil over the affected land. The Operator will need to use this topsoil material for reclamation. Currently, the topsoil stockpile is stable with vegetative cover. According to the current approved mining plan, a large quantity (up to 25 feet) of overburden existed above the clay material. Based on Mr. Tibbetts description of the original pit excavation, it is likely the Operator stockpiled the overburden south of the pit excavation. It appears part of the southern graded area was part of the overburden pile. The backside of the pit with a southern aspect is very steep ranging from a 1:1 horizontal Page 2 of 7