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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1980-245 <br />INSPECTION DATE 1 011 0/2 00 8 INSPECTOR'S INITIALS DEG <br />OBSERVATIONS <br />This inspection of Permit Number M-1980-245 (Hogback Mine) was conducted by Deb E. GBnima and Tony Waldron of the <br />DRMS as a result of a citizen complaint. Greg Knell and Jason McGraw of Robinson Brick Company were present during this <br />inspection. The pit is located ;miles south of Waterton, CO, and currently consists of approximately 66 acres where <br />approximately 30 acres have been disturbed. <br />Ms. Janice M. Lewis, a local resident, submitted a letter to the Division on May 5, 2006 stating the following concerns: <br />"I observed an individual utilizing a large piece of equipment to reach over the peak [of the hogback] <br />and harvest about 50 to 70 pallets of moss rock from the peak area. It is my understanding that his <br />permit does not allow him to breach the peak of the hogback. We in this neighborhood would <br />appreciate your inspection of the companys adherence to the conditions of its permit. At one time <br />there was a nice trail along the top of the hogback where we hiked often. The trail along the peak is no <br />longer there, and multiple holes now dot the area where the peak once stood" <br />According to the approved mining and reclamation plan on file at the Division: <br />"Mining started in 1911 and consisted of both underground and surface workings. Several of the clay <br />veins on the east side of the hogback and along the entire length of the hogback on this propertywere <br />mined from underground workings; most of the scopes are still open to the surface. Mining will begin <br />[has begun] by stripping any available topsoil in advance of the areas to be disturbed. Topsoil in the <br />areas to be mined is virtually non-existent due to the steep, rocky slopes...There is possibility that <br />moss rock on the hogback can be marketed. If so, the rock will be removed as mining progresses. No <br />moss rock will be removed ahead of the then current mining stage" <br />As a result of the information in the approved mining and reclamation plan, the Operator is within his purview to remove moss <br />rock from the permit area, which includes 66 acres of this hogback (map enclosed). During this inspection the Operator also <br />affirmed that they do not intend to breach the hogback and demonstrated to the Division's satisfaction that they are undertaking <br />precautionary measures to ensure that, the western face of the hogback is kept in tact so that reclamation is not needed. <br />In addition, in the interest of public safety, the Division would like to take this opportunity to assert that mined areas in general <br />are hazardous to the public. Furthermore, this specific permit area has been mined for the past century, and (as stated before) <br />has numerous open slopes traveling to unknown depths. Finally, the land contained within this permit area is private property, <br />which means that unauthorized personnel are trespassing. <br />However, the Division found that this site lacked clearlydistinguishablepermil boundary markers. Therefore, per Rule 3.1.12(2) <br />the operator must clearly mark the boundaries of the affected area with monuments or other markers that are clearly visible and <br />adequate to delineate such boundaries on or before December 1, 2006 (see Problem No. 1 and the corresponding corrective <br />action noted on page 3 of this report). This corrective action is required by DRMS rule, however, additional property and mine <br />permit boundary markers could serve to notify the general public that this is private property where mining operations are <br />occurring and safety hazards may exist. <br />There was no equipment on site at the time of this inspection. Mining appears to have been performed in a graded sloped <br />bench configuration. There were several material stockpiles on the site, and topsoil has been stockpiled at the lower, southeast <br />portion of the pit. The majority of the undisturbed area was weft-vegetated including the topsoil stockpiles. <br />With the exception of the need to clearly mark the permit boundaries, all other activities and completed work at the time of <br />inspection appeared to follow the guidelines and regulations set forth by the state and the mining and reclamation plans for the <br />pit, and no other problems are noted for this site. The site is stable, and no disturbance was observed outside of the approved <br />permit boundaries. For future reference, this site is correctly positioned in the DRMS online GIS. <br />Responses to this inspection report should be directed to Deb E. Gbnima at the Division of Reclamation, Mining and Safety, <br />Denver Office, 1313 Sherman Street, Room 215, Denver, Colorado 80203, phone number 303-866-4179. <br />I & E Contact Address cc: ^ CE <br />NAME Mr. Greg Knell and Mr. Jason McGraw ^ BL <br />OPERATOR Robinson Brick Company ^ FS <br />STREET 1845 W. Dartmouth Ave. ^ HW <br />CITY/STATE/ZIP Denver. CO 80110 ^ HMWMD (CH) <br />^ SE <br />^ WOCD (CH) <br />X OTHER <br />cc: Ms. Janice M. Lewis, 7064 Fox Paw Trail, Littleton, CO 80125 <br />Tony Waldron, DRMS via a-mail <br />