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PERMIT#: M-2016-076 <br /> INSPECTOR'S INITIALS: ECS & WHE <br /> INSPECTION DATE: October 18, 2017 <br /> INSPECTION TOPIC: Permit maps do not identify and outline the area which corresponds with the application, <br /> resulting in off-site impact. <br /> PROBLEM: Due to a conflict between the approved plan and the requirements of the Act and Rules, the <br /> operation has affected lands outside of the approved affected land boundary. Specifically, portions of the slurry <br /> wall are located outside of the affected land boundary, in accordance with the approved plan and in conflict <br /> with the Act and Rules. This is a problem pursuant to applicable portions of the Act and Rules, including but not <br /> limited to C.R.S. 34-32.5-112(1), (2) and (3), and C.R.S. 34-32.5-116(4). <br /> CORRECTIVE ACTIONS: Within 90 days from the signature date of this inspection report, due January 22, 2018, <br /> the Operator shall file a permit amendment for DRMS review to incorporate all affected lands within the <br /> affected land boundary and addressed by the mining and reclamation plans and financial warranty. The <br /> Operator shall attain the Division approval and issuance of the amendment within statutory deadlines. <br /> CORRECTIVE ACTION DUE DATE:January 22, 2018 <br /> OBSERVATIONS <br /> This monitoring inspection occurred as follow up to observations made by DRMS while conducting an <br /> inspection at a nearby operation on October 12, 2017. DRMS met with permittee consultant Andy Rodriguez <br /> and permittee representative Mark Johnson at the site entrance on October 18, 2017. <br /> The required site identification sign was present (photo 1). The intent of the DRMS inspection was to <br /> determine the nature of the activities observed on October 12, 2017. <br /> The permittee representative and consultant affirmed the activities observed on October 12, 2017, were <br /> associated with the construction of the Lupton Meadows slurry wall extending beyond the approved boundary <br /> of affected lands and crossing WCR 25 at two locations (photos 2-4). The permittee consultant provided <br /> maps, previously reviewed and approved by DRMS, which show the slurry wall extending beyond the <br /> approved boundary of affected lands and crossing WCR 25 at the two locations shown in photos 2-4. The <br /> slurry wall was not labeled or otherwise identified as such on any of the maps. The slurry wall constitutes <br /> affected land pursuant to C.R.S. 34-32.5-103(1). As such, conflict exists between the approved plan and the <br /> requirements of the Act and Rules, including but not limited to C.R.S. 34-32.5-112(1)(a); (b)(III); (c)(II), (IV) and <br /> (VI); (2)(a), (b), (c) and (d); (3)(b), (e) and (f); and C.R.S. 34-32.5-116(4), (h), (i) and (m). As noted above, DRMS <br /> has identified a problem with the permit and off-site impact and has imposed a 90-day corrective action <br /> deadline whereby the Operator must address the problem. <br /> Inspection Contact Address <br /> Mark Johnson <br /> Bestway Concrete Company <br /> 301 Centennial Drive <br /> Milliken, CO 80543 <br /> Page 2 of 3 <br />