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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 />