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(Page 3) MINE !D # OR PROSPECTING ID #: M-1995-057 INSPECTION DATE: 7/28/04 INSPECTOR'S INITIALS GRM~ The mine identification sign was incorrect as observed and must be installed per the requirements ofRule 3.1.12 (1) that state: The operator shall post a sign at the entrance to the mine site which shall be clearly visible from the access road and specify the following; a) the name of the operator; b) indicate that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and; c) the permit number. The lack of an identification Bien is not noted as a problem but rather as an issue of concern. Should the permitee fail to correct the issue by the noted date at the end of this report, the issue maybe converted to a problem or possible violation and dealt with accordingly. The affected area boundary markers were not all observed and must be installed per the requirements of Rule 3.1.12 (2) that state: The boundaries of the affected azea will be marked by monuments or other markers that aze cleazly visible and adequate to delineate such boundaries. Specifically, boundary mazkers along the north and south were not observed. With several operators working within the permit area it is imperative that the boundaries are clearly marked. The lack of boundary markers is not noted as a problem but rather as an issue of concern. Should the permitee fail to correct the issue by the noted date at the end of this report, the issue maybe converted to a problem or possible violation and dealt with accordingly. The inspector noted tree trunks and other debris have been imported into the southeastern portion of the site. Per the requirements of CRS 34-32.5-116(4)(e), Duties of the operator: "All refuse shall be disposed of in a manner that controls unsightliness or the deleterious effects of such refuse." Other azeas within the permitted azea appear to be being used as a dump for the landowner or other persons. Please be awaze that such activities by any_ party within the permitted azea may have a negative impact on any request for reclamation release by the permitee and should be halted. Ifthe landowner wishes to continue this practice, an amendment to the permit must be submitted to address this issue, which must include an approved pemrit to operate a dump, by all necessary local, state and federal agencies. The tree trunks and burnt refuse noted must be removed from the permit area. Should thepermitee fail to correct the issue by the noted date at the end of this report, the issue may be converted to a problem or possible violation and dealt with accordingly. The final issue of concem is the mining of materials outside of the approved permit. The permitee's new operator has begun excavation of a knob along the northwest corner of the permitted area. A portion of this excavation has extended beyond the permit boundary noted in permit maps, which is the fence line along the road right of way west of the permit boundary. Due to the current size of the disturbance, an estimated 10-foot by 50-foot area outside the boundary and the apparent involvement of Gunnison County in the project, the inspector is treating this as an issue that must be addresses immediately rather than as a possible violation of the permit. All excavation beyond the permit boundaries must be halted until this issue is corrected. Failure to cease the disturbance outside the boundaries shall result in a Notice of Possible Violation being issued, and the issue being scheduled before the Mined Land Reclamation Board with possible civil penalties and permit revocation. The permitee must always be awaze that any activities occurring within the permit boundaries aze subject to the rules and regulations of the approved permit, regazdless of other agencies involvement. All activities must be addressed so that those being conducted on site are accurately reflected within the approved permit to prevent violations of the rules and regulations. The permitee must submit an amendment to the 110c permit to include the area that will be mined outside the current approved boundaries. What complicates the issue further is that the current approved permit azea is already at 9.968 acres. The permitee must remove a portion of undisturbed land under the current permit to keep the site under 10 acres otherwise the permit must be converted to a 112c permit.