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(Page 21 MINE ID # OR PROSPECTING ID 1l M-79-166 INSPECTION DATE 6-18-97 INSPECTOR'S INITIALS SSS OBSERVATIONS This was a routine monitoring inspection of the Bennett Gravel Pit, located approximately 1.5 miles northwest of Delta, Colorado. The operation is permitted for disturbance of 9.75 acres for excavation of sand and gravel from a wet pit in the flood plain of the Gunnison River. The permit indicates that washing, crushing, and screening are not part of the mining plan and are therfore not permitted to occur on site without revising the permit. The site is to be reclaimed to a pond with an island or peninsula for wildlife habitat. The operation has current crushing and screening operations occurring at a location that appears to be outside the permit boundary. Review of the approved permit indicates that mining may have occurred beyond the approved western and northern permit boundaries as well. The operator has indicated that the mining that occurred on the west end of the pit was done by Elam Construction. The operator produced a contract for that excavation wherein which Elam Construction had agreed that they would be responsible for obtaining a 111 permit for mining that area, adjacent to the west boundary of the Bennett Gravel Pit. Review of the Division records indicates that Elam Construction did not apply for any mine reclamation permit for this location. The operator will need to document, by land survey or other method, where the disturbed areas of the Bennett Gravel Pit are in relation to the approved permit boundary. The operator has indicated that all disturbance related to mining is within his property boundary and not within 200 feet of any other property or structure. He also indicated that crushing operations were apparently already located outside the approved permit boundary when the succession of operator inspection was done in 1994, The area to the north of the permit boundary, where the crusher and stockpiles are currently located was apparently stripped of several feet of soil previously, whem the old tannery nearby was being cleaned up. The tannery evidently had some significant hazardous waste problems that needed excavating. The material from this site was used to regrade the site. This excavation and regrading was not part of the mining operation according to the operator. The site was left in a barren state and revegetated itself with a majority of greasewood. The Gunnison River has been slowly cutting away at the land between it and the gravel pit. The operator indicated that the river finally cut through to the pond during runoff this past spring. The operator indicated that he had contacted the Army Corps of Engineers with a proposal to rip rap the bank to protect his property. lie indicated that the Corps was willing to permit the operation, but that the U, S. Fish and Wildlife Service said no to the idea due to endangered fish protection programs. The Division will be in contact with these two agencies to try and work out a plan for protection of the endangered species, the river, the gravel mining operation and the landowners property. The operator is encouraged to send copies of any past correspondence documenting this process to the Durango Field Office of the Division of Minerals and Geology. The mine identification sign is in place and in compliance. Permit boundary markers are few and far between. The operator will need to install additional permit boundary markers to positively and permanently mark the permit boundary for the life of mine. This process is recommended to be done per surveyed landmarks so it is accurate. All mine sites in Colorado are required to be bonded for the actual cost of reclamation if, in the case of permit revocation and bond forfeiture, the state were to put the reclamation work out for competitive bid. Review and recalculation of the required bond for reclamation of this operation will take place over the next few months. A detailed estimate of the recalculated cost, based on current reclamation costs, the approved