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(Page 2) MINE ID # OR PROSPECTING ID # M-77-326 INSPECTION DATE February 14, 1997 INSPECTOR'S INITIALS TAS OBSERVATIONS 1. This inspection was conducted as a follow-up to the previous inspection of December 27, 1996 where the Division investigated a complaint regarding disturbances outside the permit boundary. Ferd Mueller and Tom Stephenson of Siloam Stone and Wayne Seifert of BMI-France were present during the inspection. 2. Permit boundary markers have been installed by HMI-France at the Divisio:~'s request in order to identify the 9.9 acre permit boundary. It was obvious to all gentlemen present that there is mining disturbance outside the boundary and that areas disturbed prior to 1977 had been redisturbed by Siloam Stone. According to a recent site survey submitted by HMI-France, this inspector estimates 6.2 acres disturbed outside the permit boundary that will require varying amounts of regrading, seedbed preparation, topsoil reapplication, and revegetation in order to achieve the post-mining land use. There are an additional 9.3 acres of light disturbance outside the permit boundary that occur in the form of access roads, topsoil stockpiles, clay stockpiles, or rock stockpiles. These 9.3 acres will require seedbed preparation, topsoil reapplication, and revegetation in order to achieve the post-mining land use. 3. A discussion was held with the gentlemen present in order to inform them of the enforcement process that will be followed by the Division at the March 26-27, 1997 Board Meeting in Denver. 4. A discussion was also held with the gentlemen present regarding the status of the operator and permittee, Colorado Refractories Corporation. Both parties confirmed that Colorado Refractories Corporation no longer exists. I explained that the Division had sent correspondance to Adience, BMI-France on March 9, 1995 requesting that they submit an application for a Succession of Operators. To date, this task has not been completed. Since Colorado Refractories Corporation is no longer in existance, the Division requests that either Siloam Stone or Adience, BMI-France submit an application for a Succession of Operators by the March 26-27, 1997 Board Meeting. Included with this report are application forms. Please see page 3 for details. 5. A matter of contention between Siloam Stone and the Division is the status of a significant portion of the area considered by this inspector to be "disturbed" outside the permit boundary. Mr. Mueller indicated that he was unaware that stockpile areas are considered to be affected land and need to be included in the permitted area. He further mentioned that he understood the Colorado Mine Land Reclamation Board had exempted Colorado Refractories Corporation in 1977 from including such stockpile areas within the permitted area. The mining plan in the original 9.9 permit application submitted in 1977 does not clearly define whether stockpile and road areas will be included within or outside the 9.9 acre boundary. However, the Mining Plan Map (Exhibit C-3) clearly shows that these areas are outside the 9.9 acre boundary. Exhibit C-3 also shows mining disturbances created prior to 1977 that are. clearly outside the 9.9 acres to be permitted. 6. The Division will review the minutes and transcripts from the 1977 Board Meeting to discern whether the Board did in fact exempt Colorado Refractories Corporation from permitting access roads and stockpile areas. cc: Joseph R. O'Brien Ferd Mueller Wayne D. Seifert Jim Stevens, DMG I & E Contact Address NAME Garv Snook OPERATOR Adience. BMI-France STREET 27 Noblestown Rd. CITY/STATE/ZIP Ca rnegie, PA 15106 ~~CUES i t~ ^ CE ^ BL ^ FS ^ HW ^ HMWMD (CH) ^ SE ^ WQCD (CH)