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(Page 2) MINE ID # OR PROSPECTING ID #: nn-~ 9R4-OAd INSPECTION DATE: 3/1~/vnn~ INSPECTOR=S INITIALS: A IW ('MR OBSERVATIONS This inspection was conducted in response to a permit application for a succession of operator and transfer (C.R.S. 34-32.5-119). The site is located approximately 13 miles south of Canyon City along the Oak Creek Grade Road (C.R. 143). The surrounding area is a Ponderosa pine/grassland area with mixed residential/agriculture. The pit operator is currently Griffin Ranch LLC, and was operated by Fremont County before that. The new operator will be Rockbottom LLC. There was not a representative from Griffin Ranch LLC present during the inspection. There was not a sign present at the entrance to the mine as per Mineral Rules and Regulations 3.1.12. A sign, clearly visible from the road, is required at the entrance to the mine. The sign should contain the following information (a) the name of the Operator, (b) a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and (c) the permit number. This is a problem that will require correction. Approximately 5 acres of the 25.56 acre permitted site have been affected to date. According to the 2005 report the mine remains active with 3,000 yards of production in 2005. There was not any mobile or stationary equipment present on the site. There were not any temporary or permanent structures present. Removal of construction material is progressing by digging into a hillside on the north and west side of the pit. The pit floor is relatively flat with a slight slope heading south toward the county road. There are currently two stockpiles of unprocessed material located on the pit floor (picture 1). The working face along the west side of the pit has a slope of approximately 2:1 with a transition to a 3:1 along the north face (picture 2 & 3). The east side of the pit is relatively undisturbed and follows a historic swale. The management of the topsoil stockpiles does not currently comply with the details provided in the Operation Plan, in C.R.S. 34-32.5-116.7(f), or in Mineral Rules and Regulations 6.3.3(b), and 3.1.9. The stockpiles are currently scattered along the upper edge of the western, northem, and eastern edge of the working face of the pit (picture 5 & 6). Some topsoil is currently stored in and near the swale along the eastern boundary (picture 4). Because of concerns about erosion at the site it is recommended that topsoil not be stored within in the swale area (C.R.S. 34-32.5-116.7(f), Mineral Rules and Regulations 6.3.3(b), and 3.1.9). The operation plan indicates the topsoil stockpiles will be placed in a berm like fashion along the northern edge of the permit boundary, a smaller pile on the eastern side of the pit, and some used to create a stormwater control berm along the south side of the site. According to 34.32.5-116.7(8) ..."if topsoil is not replaced on a backfill area within a period of time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that such topsoil is preserved from wind and water erosion, remains free of contamination, and is in a useable condition for sustaining vegetation when restored during reclamation". See Mineral Rules and Regulations 6.3.3, and 3.1.9 for further details. The topsoil stockpiles are not currently vegetated or covered (picture 6). Given the topsoil situation described above, the Operation Plan may be inadequate or impractical to deal with those issues. Given the Operation Plan concerns and the current situation with topsoil management (topsoil in the eastern edge swale, topsoil along the top of the working face, and the topsoil not being adequately covered or vegetated), the Division is recommending that the Operator submit a Technical Revision for the management of the mine site's topsoil. This will be included in the corrective actions section of this report The Sediment Control Structure described in the Operations Plan appears to be only partially functional. There is a topsoil berm present along the southern end of the site, but the sediment containment area and the water diversions structures are not apparent. It appears that the current situation allows the stormwater to run off the