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is <br /> <br />-_ MINE ID # OR PROSPECTING ID #M-83-039 <br />INSPECTION DATE 10/26/99 <br />(Page 2) <br /> <br />INSPECTORS INITIALS JCS <br />This pre-operational inspection was conducted as a result of the submittal of an amendment <br />by Las Animas County proposing to add 23 acres to the permit area currently approved for the <br />operation. She site was active at the time of the inspection. Mr. Joe Abeyta represented Las <br />Animas County during the inspection. <br />An acceptable ID sign had been posted for the operation. Clearly visible boundary markers had <br />been installed both for the current and amended permit areas. Mining disturbance associated <br />with the current operation appeared to be within the approved permit area. <br />In company with Mr. Abeyta, the area to be added to the current permit area was driven. Only <br />one significant item required but not mentioned in Exhibits C and S of the amendment <br />application was identified during the inspection. There is a power line located across County <br />Road 36 but within 200 feet of the area to be affected by mining in the amended permit area. <br />Mention of this line together with its owner should be made in Exhibit C. The power line <br />should also be mentioned in Exhibit 5 together with the reason(s), for the record, that the <br />line is unlikely to be damaged by activities at the mining operation. This is not a <br />compliance problem regarding the currently approved operation but it does affect the adequacy <br />of the proposed amendment application. <br />Prior to the inspection, discussion of the amendment application was made with Robert Lucero, <br />County Planner and permitting contact for the County. Mr. Lucero indicated that there might <br />be a lease involving the area proposed to be added to the existing permit area but that <br />efforts to verify the existence of such a lease had so far been unsuccessful. At this time, <br />the Division is prepared to accept the County's statement of ownership indicated under <br />Exhibit N as adequate evidence of a legal right to enter the property. If a lease is found <br />to exist that materially affects the County's right to enter the area in question, the County <br />should withdraw the application until the right of entry question is settled or accept a <br />condition to any approval that prohibits any disturbance of the property by the County until <br />a valid right of entry is secured and evidence of it is provided to and accepted by [he <br />Division. <br />Mr. Lucero also indicated that the County had not yet begun making the required public <br />announcements of the application since he had not been notified to do so. Mr. George <br />Mondragon, the designated contact for the County, however, was notified by the Division in <br />a letter dated October 8, 1999 (Copy attached) that the application had been accepted for <br />review effective October 7, 1999 and that the County should begin to publish its notices <br />within 10 days of that date. Consequently, the County should delay no longer and immediately <br />proceed to make the public announcements required by Rule 1.6.5. (Given Mr. Mondragon's <br />apparent failure to notify the County's permitting contact of the Division's letter, is it <br />practical that he remain listed in the application as the County's general as well as <br />inspection contact?) <br />I & E Contact Address <br />NAME Robert A. Lucero or <br />OPERATOR Las Animas Count <br />STREET 200 E. First, Room <br />CITY/STATE/ZIP Trinidad. CO <br />c: <br />^ CE <br />3eorge Mondragon ^ BL <br />~ ^ FS <br />104 ^ HW <br />81082 ^ HMWMD (CH <br />