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• (Page 41 • MINE ID ~ OR PROSPECTING ID fl M-79-181 INSPECTION DATE 7/20/99 INSPECTOR'S INITIALS WHE The following problems IPBI andlor possible violations IPVI land suggested corrective actions) were identified during this inspection. The problems should be corrected by the dates given, or they will become possible violations. The possible violations should be corrected by the dates given to reduce their severity when considered by the Mined Lend Reclamation Board. The inspector noted on the previous page should be notified of all corrective actions taken. PROBLEMS/POSSIBLE VIOLATIONS AND CORRECTIVE ACTIONS 1. Affected area perimeter markers, required by Rule 3.1.12(21, were not observed. DMG previously identified absent affected area markers as a Problem in the inspection report generated from the 8/28/97 inspection. DMG records do not indicate that the operator has posted the required markers, as requested in DMG corrective actions from the 8/28/97 inspection. CORRECTIVE ACTION: Post and maintain the affected area perimeter markers, required by Rule 3.1.12(2), within 30 days, by August 30, 1999. Provide photo verification to DMG Durango Office, 484 Turner Drive, Building F, Suite 101, Durango, CO 81301, of the newly posted signs and markers, by September 13, 1999. 8l 30 / 99 PV or PB P~ TOPICS ~p~ 2. The permit is approved for 2 acres affected area. Observations made during the inspection and recorded in this report indicate that the operator is utilizing and has affected approximately 4 acres. DMG interprets the apparent exceedence of the permitted 2 acres affected lands as a possible violation of permit conditions, the Act and Rules, and pursuant to Rule 3.3.2 will schedule the matter for formal public hearing before the Colorado Mined Land Reclamation Board (Board) for consideration of violation. The formal public hearing will be scheduled for the September 22-23, 1999 Board meeting, to occur at 1313 Sherman Street, Room 318, Denver, Colorado. DMG's notice of Reason To Believe A Violation Exists will follow under separate mailing. CORRECTIVE ACTION: Within 90 days, by October 28, 1999, submit a new application for either a 1 10 or 112 type operation which includes all affected lands and lands proposed to be affected by the operation. Note: Should the Board find a violation, the Board will determine corrective action for the violation and will access a civil penalty against the violator. The amount of civil penalties for violations are influenced by the number of days of violation, in accordance with Rule 3.3.2(21(b) or 3.3.1(3). Rapid submittal of the new application, prior to the September 22-23, 1999 Board meeting, may reduce the amount of civil penalty significantly. 10128199 PV or PB ~L TOPICS MP. OD. RS