2015-11-05_INSPECTION - M1985001 (2)

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or recycling. These areas are located both in the N 1/4 of Parcel 566733300021 the area later designated as the 9.9 -acre permit area), and the rest of that parcel and the adjacent parcel. These were in use before mining and continue to be in use during mining. Some of these areas were actually filled and leveled using material imported to the parcels or excavated on the parcels. The owner/operator do not consider areas disturbed by (or for) these other activities to be "affected land" since they are not directly related to the mining of construction materials. They were NOT used for storage of extracted construction materials (pit -run), nor for processing (screening, crushing, washing), but used for other purposes such as recycling of materials imported to the site. Therefore, the land, though located in the 9.9 acres, is not included in the 6.1 acres currently affected, as measured on the ground. The owner also understood that any processed or unprocessed material hauled to stockpiles for his use or sale, on any other part of his property, after having been stockpiled on the affected area of the permitted 9.9 acres, was not considered mining, any more than if that material had been hauled to an entirely different parcel of land, some distance away. Therefore, he does not believe that land used for stockpiles of material for his own use, or for use on other projects, should be considered "affected land," in accordance with the interpretation of the regulations in 1985. d. Future affected land The landowner understands that the maximum affected land cannot exceed 9.9 acres. At present, extraction of construction materials has been done or is on-going on 5.1 acres, and an additional 1.0 acre is being used for stockpiles. Therefore, an additional 3.8 acres may be affected by mining (including 4.8 acres which can have construction material extracted), provided that extraction is done in a way which does not cause land outside the 9.9 acre maximum to be impacted and complies with Division rules. 2. Powerlines (LaPlata Electric Association). a. Boundary errors. The original survey of the north boundary of Parcel 566733300021 (the E 1/2 of W 1/2 of NW 1/4 of Sec 33) incorrectly located the boundary line as being 16 feet SOUTH of the true boundary. When LPEA obtained a 15 -foot easement for the powerline, including the two poles and built about 1991, that easement was obtained from the person(s) owning the property to the north. The poles were placed not in the center of the easement granted but near the south edge of the 15 -foot easement approximately 1 foot inside what was then thought to be the property line). With the correction to the survey, the powerline and its poles are now correctly identified as being on property belonging to the Helmericks. The centerline of the poles is located approximately 1 foot inside the easement and 15 feet M1985001 Report on Issues 05 November 2015 Page 2