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PERMIT #: M-1987-013 <br />INSPECTOR'S INITIALS: SJM <br />INSPECTION DATE: February 18, 2020 <br />OBSERVATIONS <br />This was a follow up inspection of the Burton Pit; DRMS File No. M-1987-013 operated by Southway <br />Construction. This site is located approximately 1 mile northwest of Del Norte, Colorado in Rio Grande <br />County. I, Stephanie Mitchell of the Colorado Division of Reclamation, Mining and Safety (Division), conducted <br />the inspection. Ms. Loretta Martinez of Southway Construction and Bob and Suzanne Burton -landowners for <br />the southern portion of the permit area accompanied me on the inspection. Earl Robinson was also present. <br />This is a 112c mining operation with a 13.44 permit acres. I walked the perimeter with a Garmin GPS unit to <br />verify the acreage in the approved permit area and the distances between the corner markers of the <br />permitted area. At this time it is estimated that 18.5 acres are within the perimeter of the markers. This is <br />cited as a problem at the beginning of the inspection report and will require a hearing before the Mined Land <br />Reclamation Board. The schedule and other details for the MLRB hearing will be provided under a separate <br />document to be sent via certified mail to the Operator. Specifically, the southern portion of the permit area <br />seems to add on the additional acreage that is not approved for. The distances between the corner markers <br />are much longer than stated in the approved mining plan map that was submitted through a conversion in <br />2013. For example, the far west distance between Point of Beginning (POB) and the northwest corner marker <br />was 690 feet, the map says 465 feet. The POB to the southwest corner marker was measured at 682 feet, the <br />annual map says it should be 565 feet and the distance between southwest corner marker and the southeast <br />corner marker was measured at 410 feet where the annual map says it should be 368 feet. <br />Corner markers and fences delineated the permit area, although this is cited as a problem in the beginning of <br />the inspection report because it appears that the markers are in the wrong locations when compared to the <br />annual report map sent to the Division every year and the gps measurements collected during this inspection. <br />There is another problem with the permit at this time which is lack of maintaining legal right of entry with Bob <br />and Suzanne Burton. The lease expired 2.5 years ago. There are two landowners: Rio Grande Canal Water <br />Users and the Burtons. The Burtons have expressed an interest in submitting their own 110c application that <br />will overlay the existing permit that will encompass their land only. Because -there is disturbance Beyond the <br />southern end of the permit boundary, the Mined Land Reclamation Board will determine corrective actions at <br />the May 20, 2020 Hearing. <br />The Division also recalculated the Financial Warranty required for the Burton Pit. The calculation came in at <br />$52,786.00. This is a deficit of $10,602.00. The surety Increase notification will be sent under a separate <br />cover. <br />There are no noxious weeds on site. <br />There was no equipment or fuel on site. <br />Responses to this inspection report should be directed to Stephanie Mitchell at the Division of Reclamation, <br />Mining and Safety, Grand Junction Field Office, 101 South 3rd Street, Room 301, Grand Junction, Colorado <br />81501, phone number (303)866-3567, ext 8180. <br />Page 3 of 5 <br />