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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-2nna-m~ <br />INSPECTION DATE: ~2/v9/O.a INSPECTOR=S INITIALS: TAS <br />OBSERVATIONS <br />1. A site inspection of the "Kattenberg Pit" was conducted in response to a citizen complaint received on December 16, <br />2004 from Ms. Liz McIntyre and Ms. Paula Sheridan. (Please see attached correspondence received December 16, 2004) <br />The complainants are adjacent landowners to the south of the Kattenberg Pit. The approved mining operation is located <br />approximately 1 miles east of Grandby. Present during the inspection was Mr. Bob Willits, and Mr. Steve O'Brian. <br />2. The operator has been issued a Regular 112 Permit fora 38.65 acre sand and gravel operation with dry mining <br />techniques. Mining consists of excavation into a hillside and removal of the sand and gravel deposit down to an elevation <br />comparable to the adjacent County Road 60. Disturbed areas will be reclaimed to rangeland. There is a small wetland <br />area in the southwest corner of the site comprised primarily of woody riparian shrubs. This area will be undisturbed <br />during mining and reclamation. <br />3. The complaint specifies several inaccuracies in the approved Regular 112 Application. These include the correct listing <br />of land ownership immediately south of the Kattenberg Pit (Paula Sheridan, Elizabeth McIntyre, Division of Wildlife), and <br />the correct identification of permanent man-made structures on the Exhibit C-1, Mining Plan Map (a diversion point and <br />irrigation headgate, and the McIntyre/Sheridan fence). This inspector also notes that Keller Creek flows to the west of <br />County Road 60. This inspector confirmed that the irrigation headgate and point of diversion is located immediately south <br />of the Kattenberg southern permit boundary. These structures are estimated to be at least 390 feet from the nearest <br />point of excavation at the Kattenberg Pit. The approved mine plan specifies that where excavation occurs within 200 feet <br />of any man-made structure, such as up to 25 feet from the McIntyre/Sheridan fence, excavation will occur at a 3:1 slope <br />so as to not adversely affect the stability of the structure. Based on this conservative mining technique, there should be <br />no adverse impacts to the McIntyre/Sheridan fence. Digital photographs of the structures referenced in the complaint <br />letter were taken and are attached to this report. <br />4. Mr. Willits agreed to submit revised pre-mining, mine plan, and reclamation plan maps in the form of a technical <br />revision to the permit to which address the concerns noted in Ms. McIntyre and Ms. Sheridan's complaint letter. The <br />Division and the operator confirmed the need to revise the above states maps to accurately show and list adjacent land <br />ownership as well as all existing permanent man-made structures. The Division considers this matter to be a problem <br />that will require corrective actions. Please see page 3 for Corrective Actions. <br />5. Excavation and disturbance has begun at the Kattenberg Pit. All disturbances were found to occur within the permit <br />boundary and in conformance with the approved mine plan. The operator and this inspector also noted the evidence <br />(bedding areas) of elk in the northern portion of the permit area, although there were no elk seen at the time of <br />inspection. Digital photographs of the affected land and surrounding area were taken and are attached to this report. <br />I & E Contact Address <br />NAME: Bob Willits <br />OPERATOR: Willets Company Inc. <br />STREET: PO Box 625 <br />CITY/STATE/ZIP: Cheyenne, WV B2003 <br />cc: Carl Mount, DMG (via E-Mail) <br />Stevan L. O'Brian, Environment Inc. <br />Liz McIntyre & Paula Sheridan, citizens <br />Attachments <br />Certified Mail Return <br />Receipt Request No. 7000 1670 0001 3656 7018 <br />