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PERMIT#: M-1981-004 <br /> INSPECTOR'S INITIALS: ECS <br /> INSPECTION DATE: April 14,2016 <br /> OBSERVATIONS <br /> This was a routine monitoring inspection of the Ayers Pit, a 9.8 acre 110c sand and gravel operation permitted <br /> by Dilley's Sand and Gravel. The inspection was conducted by Eric Scott of DRMS. DRMS met the site <br /> representative,Jim Dilley, at the site at approximately 11:45. The site identification sign (Photo 1) was <br /> observed, but it is weathered and should be replaced so that it remains legible and displays the information <br /> required by rule 3.1.12. <br /> DRMS also noted the presence of myrtle spurge in a limited area of the site (Photo 2). This is a "list A" state <br /> listed noxious species and will require immediate eradication. The permittee is required to demonstrate to <br /> DRMS that this weed has been eradicated by the corrective action date listed above (May 6, 2016). <br /> An attempt was made to GPS locate the site corner markers in the field using a Trimble Juno handheld GPS <br /> unit, however none of the required boundary markers could be located. The attached map depicts the DRMS <br /> "estimated permit boundary" based on dimensions given in the legal description in the permit. Unfortunately <br /> this estimate results in a permit area of approximately 11.3 acres, while the permit is approved for a maximum <br /> of 9.8 acres. The operator will be required to have the permit area re-surveyed based on the legal description <br /> in the approved permit application, replace the permit boundary markers to the correct locations, and submit <br /> a new permit boundary map, showing both the boundary and current affected area, sealed by a registered <br /> surveyor by the corrective action date. If it is determined that the permit as surveyed exceeds 9.8 acres or the <br /> affected area is now outside the approved permit boundary, subsequent enforcement actions including MLRB <br /> hearing, civil penalties, and possibly a permit amendment or conversion to a 112c permit may result. <br /> DRMS noted that the approved mining plan for this site states that the depth of excavation will be only 1-3 <br /> feet deep. Based on the current configuration of the site (approximately 20' high-wall 1,150 feet long across <br /> the active east face) the activity on-site has not adhered to the approved plan. In the event that a permit <br /> amendment/conversion is not needed, a technical revision to the mining and reclamation plans will be <br /> required to update and clarify how the permittee intends to conduct mining and reclamation activity at the <br /> site. New mining and reclamation plan maps will need to be submitted as part of this TR. The required weed <br /> control plan may also be incorporated into this technical revision <br /> The active high-wall of the pit has also likely been advanced to the very edge of, if not past, the east permit <br /> boundary (See attached map and photos 3, 4 and 5). This lack of setback from the permit boundary will likely <br /> result in impacts outside of the permitted area as the high-wall collapses if the issue is not addressed soon <br /> (Photo 4). <br /> The proximity of this extensive high-wall mining face along the eastern permit boundary also means that the <br /> existing bond of$3,120 is grossly insufficient to complete the final reclamation to the 3H:1V slopes required <br /> by rule. There is very likely no longer sufficient room to push material down from the upper edge to reduce <br /> the high wall, or mine to a 3H:1V final slope. Material must now be pushed up from the pit floor to the base <br /> of the existing high-wall to rebuild the required slope to final grade. There is currently approximately 1,150 <br /> feet of high-wall along the eastern edge of the permit area with an average height of 20 feet above the <br /> current pit floor (Photos 3-6). Based on the current labor, material, and equipment rates, the estimate to <br /> complete the 3H:1V slope and revegetation tasks alone for the site will be approximately$100,000 (see <br /> attached summary of estimate). This estimate assumes the required material is readily available on-site. <br /> DRMS will send the permittee a Surety Increase (SI) revision letter to address the deficient bond under <br /> separate cover. <br /> Page 3 of 4 <br />