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ORIGINAL -PUBLIC FILE <br />(Page 2) <br />MINE ID # OR PROSPECTING ID #: ~'+-IORn_Ie~ <br />INSPECTION DATE: Q/14/Q7 INSPECTOROS INITIALS: Rr <br />OBSERVATIONS <br />The Division conducted a monitoring inspection of the site in response to a citizen's <br />complaint. On 9/7/07, the Division received via e mail a complaint letter and several <br />photographs from Mr. B.J Fowler, a home owner in the area who was also an objector to <br />the amendment application that was approved by MLRD Board on 2/15/06. Mr. Fowler's <br />pictures included a small water that was detained in a basin along the south side of <br />the existing pit, a displaced culvert along the south side of the permit area north of <br />the old road, that was utilized by the county, and placement of a small processed <br />material that was not extracted from the existing pit. Mr. Fowler wanted DBMS, to <br />investigate what he considered were a violation of the Board approved permit. xe is a <br />brief History of the permit. <br />1) Permit (110) issued in 1980 to E1 Paso County Road and Bridge. <br />2) 10/4/1995, permit converted from 110 to a 112 covering 31.47 acres. <br />3) 10/15/2002, permit transferred from E1 Paso County to Virgil B & Lorraine E. <br />Michelle. <br />4) 9/13/2004 permit transferred from Virgil to Rocky Mountain Material <br />5) 2/15/2006 MLRD BOARD approved Amendment # 1 with over objections and increased the <br />permit area to 295 acres and set the maximum affected acres at any given time to 50, <br />and set a financial warranty in the amount of $113,757.00 <br />6) Since amendment was approved by the Board, Rocky Mountain Materials had not been <br />mining in the area. Rocky mountain materials is still waiting for their conditional <br />use permit from the county. Until such time site is still operated under their <br />permit by the County. <br />When site was inspected on 9/14/07 Mr. Robe Mangone and Mr. Tom Smith of Rocky Mountain <br />Materials were present. They were provided copies of Mr. Fowler's letter and pictures <br />that were sent via a mail. As reported in Mr. Fowler's letter, there was a small amount <br />of ponded water along the south west side of the pit area, much smaller than when Mr. <br />Fowle is picture were taken due to natural percolation. A small amount of imported <br />processed aggregate in the middle of the active pit area and cattle grazing were also <br />noted at the time of the inspection. Mr. Smith stated that the county mixes the <br />imported material with the mined aggregate to fill soft spots on their road. No <br />evidence of affected area drainage leaving the pit area through a channel from the pit <br />was noted. An old culvert from what used to be the old county road was noted south of <br />the permit area. Both Mr. Mnagone and Mr. Smith stated that the operator has adequate <br />water rights for evaporative loss if the ponded water is in place for more than 72 <br />hours. Enforcement of detention of water with out the appropriate water rights for more <br />than 72 hours at a mine site falls under the jurisdiction of the State Engineer's <br />Office. Mr. Fowler was notified to contact the State Engineer's Office to register his <br />complaint. Permit sign was properly posted at the access to the property. At this time, <br />the Division found the operator to be in compliance with tha MLRD HOARD approved <br />permit. <br />