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�V <br /> QDKiewit <br /> April 30, 2018 MAY 0 3 2018 <br /> DIMON OF RECLAMATION <br /> Timothy A. Cazier MINING AND SAFETY <br /> Colorado <br /> Division of Reclamation <br /> Mining and Safety <br /> RE: Fountain Colony Pit <br /> Permit M-1987-171 <br /> Kiewit Infrastructure Co <br /> Subject: Response to the May 3,2017 inspection report. <br /> Dear Mr. Cazier: <br /> This letter is being sent to you regarding the inspection that was done at the Fountain Colony Pit on May <br /> 3, 2017, signed April 3, 2018 and received on April 6,2018. <br /> Problem/possible violation No. 1: <br /> The Fountain Colony Pit has not been"excavating for minerals"for some time due to market conditions. . <br /> Grading and seeding was completed on all previously disturbed areas to ensure the site was stabilized. <br /> Kiewit intends to resume mining operations when the market conditions allow and will continue to <br /> monitor the site for erosion. Grading, seeding, and weed control will continue as needed. <br /> There was an error on the 2016 and 2017 submitted annual reports which indicated that mining activities <br /> had not taken place. In fact,there has been periodic grading and transporting activities occurring at least <br /> every 180 days at the site in 2016 and 2017.As defined by the Division,"mining activity"includes <br /> surface operations and transportation so the site should have been considered active in both reports.We <br /> apologize for this oversight. The 2018 annual report indicate that mining has resumed. <br /> Problem/possible violation No.2: <br /> On October 31, 2017,Kiewit's environmental subcontractor visited the site to spray both the thistle and <br /> the tamarisk(salt cedar). Unfortunately,the tamarisk had already shed its leaves for the year and <br /> spraying it would have been futile. All visible thistle was sprayed at that time. <br /> Kiewit's subcontractor inspected the tamarisk on 4-16-18 and noted the trees had not started to bud yet <br /> and it was too early to spray. They will to do another assessment the week of April 301h. Once they have <br /> determined there is enough foliage on the trees,we will coordinate the spraying. <br /> The herbicide to be used is Arsenal Herbicide. Once they have sprayed the tamarisk, we will inspect the <br /> plants after enough time has gone by to ensure the plant has absorbed the chemical control.We will then <br />