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• (Page 2) • MINE ID # OR PROSPECTING ID # M-94-027 INSPECTION DATE 9/26/2001 INSPECTOR'S INITIALS TAS OBSERVATIONS 1. A site inspection was conducted in response to a written complaint received from Mr. Ted Cox on March 28, 2001 where concerns were noted for both the Longmont Distel Operation (M-89- 029) and the Longmont Operation (M-99-027). (Please see attached complaint letter). The Longmont Operation is currently undisturbed. Present during the site inspection was Connie Nickle Davis of Aggregate Industries, Inc. The following are concerns noted in Mr. Cox's March 28, 2001 letter and the Division's response to each concern. 2. Air Quality Fugitive dust and diesel emissions are concerns that are regulated under the authority of the Air Quality Control Division of the Colorado Department of Public Health & the Environment. Any concerns relating to dust control and diesel fumes/emissions should be directed to such Division. 3. Noise, Traffic, Negative Property Values: These concerns are not within the regulatory authority of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any such concerns should be directed to the Weld County Planning Commission. 4. Miles of IIareclaimed River Bottom: The site is currently undisturbed. There is a total of 199.9 mineable acres which are projected to be mined and reclaimed within a 15-20 year period, once mining begins. The operator will mine the site in five (5) phases with a maximum disturbance (excavation) at any one time of 25 acres. The operator has committed to contemporaneous reclamation with backf ill & grading, topsoiling, planting & revegetation to be iniated as soon as practicable. (This will usually be at the beginning of the following growing season after a given mining year is complete). Rule 3.1.3 and Section 116(4)(q)(II) of the Act ("Colorado Land Reclamation Act for the Extraction of Construction Materials") require that the operator carry out reclamation to completion with all reasonable diligence, and each phase of reclamation shall be completed within five (6) years from the date the Operator informs the Board or Office that such phase has commenced, unless extended by the Board or Office. The 5-year period may be applied separately to each phase as it is commenced throughout the life of the mine. 5. 3.5 Miles of River Disrupted: A 50 ft. buffer zone will be established along Boulder Creek to protect riparian wildlife habitat, jurisdictional wetlands, and preserve existing willows and cottonwood trees. Further, the operator has committed to a minimum setback of 120 feet from the approximate centerline of Boulder Creek for mining/excavation. 6. Conveyor System/Negative Impact: Review of the permit application does not reveal any discussion regarding complaints or negative impacts from the conveyor system, as presented in the Mine Plan, Exhibit D. Further, the Mine Plan shows a limited conveyor system, along with processing plant and stockpile area located only in Phase 1 of the operation (southeast corner of the entire permit area). The conveyor system at the Longmont Operation will be removed during final reclamation of the site. The Mine Plan does not show a conveyor system that extends from the far east permit boundary, across Boulder Creek, and west to the existing plant site at the Longmont Distel Operation (Permit No. M-89-029). (Please see attached copy of the approved mine plan). The approved mine plan would need to be modified to allow for a conveyor system that reaches from the Longmont Operation, across Boulder Creek, and east to the plant/processing area at the Longmont Distel Operation. (Please advise the Division and/or provide any supporting correspondence if the assessment above is inaccurate. In the event the operator intends to construct a conveyor system at the Longmont Operation, as presented by Mr. Cox, the operator will first need to modify the existing mining plan).