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(Page 2) MINE ID # OR RROSPECTING !D #: M-1995-057 INSPECTION DATE: 7/28/04 OBSERVATIONS INSPECTOR'S INITIALS GRtJv This inspection was conducted at the written request of the permitee. The primary concern stated in the written request was the disposition of topsoil within the permitted area. Per legal advise from the Attorney General's Office, staff conducted this inspection as a normal monitoring inspection based on the approved permit. The specific issue of topsoil will be addressed within this report along with other issues noted and observed by the inspector. Deb Rudibaugh and Sara Wynes accompanied the inspector on site for this inspecfion. It should be noted that Warren Wilcox, the past pit operator visited with the inspector prior to the permitee's inspection per the Division's request. The nature of that visit was to discuss current conditions at the pit that Mr. Wilcox was responsible for and those for which he was not. According to the Annual Report filed March 15, 2004, Mr. Wilcox is noted as "the only authorized user" and "not the lessee anymore". (copy enclosed) This seems somewhat contradictory, but does not specifically remove his name as a contact for the pemut. Based on the specific lack of removal of his name, the site visit with Mr. Wilcox cannot be deemed inappropriate. The fact that the permitee has a second operator on site while settling issues with Mr. Wilcox makes it important for the inspector to understand all aspects on site for which all parties are an integral part. The Rudibaughs did provide a written request to the inspector changing the permit contacts to themselves only to clarify this issue during this inspection. Please be advised, that the permit is a public record and anyone, including Mr. Wilcox can review the documents and obtain copies upon request. The primary purpose of this inspecfion is to address the written concem by the permitee over the disposition of topsoil within the permit boundaries. The inspector spent time reviewing the approved permit and discussing the issue with the specialist that reviewed and approved the plans. The site has been documented as having been used for a number of years by various individuals for the removal of earthen materials. DMG records indicate the site was used pre-law (1977) and possibly as an illegal site up until 1995 when it was properly permitted. During this pre-permit era most of the limited topsoil on site was removed. During the review process for the permit, the specialist and the permitee noted the lack of any topsoil on site. Therefore, both the Division and the permitee for fmai reclamation noted no topsoil tasks. The final approved reclamation is noted as general agriculture with a large portion being used to construct a ranch house, outbuildings and corrals. Only 1 acre out of the 9.96 is noted for actual reclamation per the permitee's estimate. This was done to keep the required reclamation bond as low as possible per the pemutee's request. Currently, the Division requires proof such as approved plats, building permits etc. before approving such reclamation plans. Apparently this was not required in 1995. The permit further does not preclude the removal of any certain materials from the site. The issue concernine the removal of topsoil like materials from the site under the approved permit is not a permit issue but appears to be a contractual one between the permitee and their operator. The inspector would like to note that he couldn't issue a notice of a problem to the permitee for failure to protect topsoil concerning the mixing of topsoil materials with excavated materials by the new operator for the same reason. The inspector would agree that any topsoil on site should be saved and protect for reclamation use, however, the Division cannot address it as a problem within the permit as approved. The permitee must address other issues noted below. If during the review and correcfion ofthose issues the permitee wishes to specifically address the protection of topsoil DMG staff will be more than happy assist in clarifying the issue.