2019-02-25_INSPECTION - M2002120

• Permit No: M2002120
• IBM Index Class Name: INSPECTION
• Doc Date: 2/25/2019
• Doc Name: Inspection Report
• From: DRMS
• To: Bestway Concrete
• Inspection Date: 2/19/2019
• Email Name: ECS
• Media Type: D
• Archive: No

COLORADO
Division of Reclamation,
Mining and Safety
MINERALS PROGRAM INSPECTION REPORT
PHONE: [phone]
The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation
noted below. This report documents observations concerning compliance with the terms of the permit
and applicable rules and regulations of the Mined Land Reclamation Board.
MINE NAME: MINE/PROSPECTING ID#: MINERAL: COUNTY:
Bernhardt Resource M-2002-120 Sand and gravel Weld
INSPECTION TYPE: INSPECTOR(S): INSP.DATE: INSP.TIME:
Monitoring Eric C. Scott February 19,2019 11:45
OPERATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION:
Bestway Concrete Company Mark Johnson 112c-Construction Regular Operation
REASON FOR INSPECTION: BOND CALCULATION TYPE: BOND AMOUNT:
Normal I&E Program Partial Bond $912,757.00
DATE OF COMPLAINT: POST INSP.CONTACTS: JOINT INSP.AGENCY:
NA None None
WEATHER: INSPECTOR'S SIGNATURE: SIGNATURE DATE:
Cloudy Aw_
February 25,2019
The following inspection topics were identified as having Problems or Possible Violations. OPERATORS
SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE
WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a
Possible Violation is indicated, you will be notified under separate cover as to when the Mined Land
Reclamation Board will consider possible enforcement action.
INSPECTION TOPIC: Fish & Wildlife
PROBLEM/POSSIBLE VIOLATION: Problem: Failure to follow the approved mining plan by violating Stipulation
#3 of the approved permit which states "The operator shall not mine outside the Pod 1 until they prove to the
satisfaction of the Division of Minerals and Geology that their mine plan has clearance through the U.S. Fish and
Wildlife Service" (due to concerns about Preebles Jumping Mouse Habitat).
CORRECTIVE ACTIONS: Provide DRMS with documentation as required that the mining plan was approved by US
Fish and Wildlife Service as required by permit stipulation #3 prior to commencing mining in Cells 3, 4 and 5.
CORRECTIVE ACTION DUE DATE: 3/29/19
INSPECTION TOPIC: Off-site Damage
PROBLEM/POSSIBLE VIOLATION: Possible Violation: Land has been affected outside of the approved permit
boundary. This is a possible violation at this time pursuant to: C.R.S. 34-32.5-116(4)(i) for failure to protect
areas outside of the affected land from slides or damages occurring during the mining operation.
CORRECTIVE ACTIONS:This possible violation will require a hearing before the Mined Land Reclamation Board.
The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via
certified mail to the operator.
CORRECTIVE ACTION DUE DATE:TBD
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