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PERMIT#: M-1984-013 <br /> INSPECTOR'S INITIALS: MAC <br /> INSPECTION DATE: August 14,2014 <br /> CORRECTIVE ACTIONS: The operator shall conduct a survey and replace the boundary markers in the correct <br /> location(s). The operator shall provide proof to the Division that this has been done by the corrective action <br /> date. <br /> CORRECTIVE ACTION DUE DATE: 10/31/13 <br /> OBSERVATIONS <br /> The problems cited on the first page of this report were originally cited following the inspection conducted on August <br /> 22,2013. The corrective action due dates are the original dates assigned to the corrective actions and have not been <br /> changed since the problems were elevated to violations. <br /> The inspection was conducted by Michael Cunningham and Tony Waldron of the Division of Reclamation, Mining and <br /> Safety(Division). Mr. George Otten, the Permittee, was not present for the inspection. The Mackey Mine is accessed by <br /> travelling 2 miles north from Blackhawk on HWY 119,turning left on Apex Valley Rd., and then left on Forest Service Rd. <br /> 4. The site is permitted for 0.35 acres and the post-mining land use is forestry. <br /> The inspection was conducted as a follow up to the previous inspection conducted by the Division on August 22, 2013. <br /> Following the last inspection, the Division cited the following problems: <br /> 1) The affected area was not clearly delineated by monuments or markers. <br /> 2)The adit portal was not safeguarded. <br /> 3) Substantial refuse and damaged equipment was scattered throughout the site. <br /> 4)The financial warranty amount of$1,000 is not adequate to complete reclamation at the site. <br /> The Operator failed to complete the corrective actions for the above listed problems and the Division scheduled the <br /> matter before the Mined Land Reclamation Board (Board). At the January 15, 2014 Board Hearing, the Operator was <br /> found to be in violation of: <br /> • C.R.S. 34-32-116(7)(d) for failure to dispose of refuse in a manner that will control unsightliness or deleterious <br /> effects of such refuse. <br /> • C.R.S. 34-32-117(4)(c)(II) and Rule 4.2.1(2) for failure to post additional financial warranty within 60 days after <br /> notice of adjustment. <br /> • Rule 3.1.12(2) for failure to delineate the boundary of the affected area of the site. <br /> The Operator was to submit the increased financial warranty within 60 days of effective date of the Board order. Also, <br /> by August 1, 2014, the Operator was to delineate the boundary of the affected area, remove trash and unusable <br /> equipment from the site and adequately safeguard the adit to prevent unauthorized entry. To date, the Division has not <br /> received the increased financial warranty in the amount of$7,000.00. In addition, the refuse has not been removed <br /> from the site, the boundary of the affected area has not been delineated and the adit entrance has not been adequately <br /> safeguarded to prevent unauthorized entry. <br /> Based on the observations made during the inspection, the Operator has not complied with the Board order dated <br /> February 10, 2014.As a result, the Division has reason to believe the Operator is in violation pursuant to C.R.S. 34-32- <br /> 124 and C.R.S. 34-32-18(1)(b), for failure to comply with the conditions of an order.The possible violation will be <br /> scheduled for the September 24-25, 2014 Mined Land Reclamation Board Hearing. Notice of such hearing will be sent <br /> under separate cover. <br /> This concluded the inspection. <br /> Page 2 of 4 <br />