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(Page 2) MINE ID # OR PROSPECTING ID #: M-6~-t t 7 INSPECTION DATE: ~/t ~/nn INSPECTORS INITIALS: ICS OBSERVATIONS This inspection was conducted in order to check compliance of the operation with the requirements of the Act, Rules, and the conditions of the permit. The site was inactive at the time of the inspection. The County was represented by Mike Splitter during the inspection. The ID sign was in order. The County representative was able to identify adequate boundary markers for the permit/affected area and thus demonstrate that the mining operation was within the approved boundaries. There is a question in regard to the location of the topsoil piles. There is material stockpiled along the access road which was indicated by the County representative to possibly consist of topsoil and the remainder of the 6 feet or so of overburden stated to be present at the site. The County representative also indicated he had a reclamation plan for the site that did not require separation of the topsoil and other overburden. Review of the permit application package indicates that there is a clear conflict between the approved mining and reclamation plans for this operation. The Exhibit B-Mining Plan-First Replacement does not require the County to store topsoil or overburden and states that "....there is no top soil to speak of,.....". However, the Exhibit D-Second Supplemental Soil Conservation Service Soil Information included in the permit application indicates that "The calculated volume of topsoil to be available for revegetation is approximately 6050 cubic yards." The Exhibit E-Reclamation Plan-First Replacement indicates that nine to twelve inches of material (clearly referring to topsoil) will be removed and stored for reclamation purposes, that all topsoil (specifically mentioned) within the affected area will be stored, and that storage will be in a stockpile as indicated on an accompanying map. There is, in fact, a map in the application package that shows the location of a topsoil stockpile (specifically labeled) in the north central portion of the permit/affected area. The conflict between the requirements and commitments made in the approved permit application must be resolved. This is a compliance problem that will be included on Page 3 of this report. (Copies of the Exhibit D and Exhibit E cited above are attached to this report.) In regard to the possibility that topsoil and other overburden have been combined in the stockpiles located within the permiVaffected area, topsoil is required by Colorado statute and rule to be segregated and stockpiled separately from other overburden. Since there is a possibility that topsoil has not been segregated at the site and is, therefore, not available as such to satisfy the requirements of the reclamation plan, this is a C # ~ ~3~6 7 ~ ~ ~ ~~ I & E Contact Address NAME: Mike Splitter OPERATOR: Kiowa County Commissioners STREET: P.O. Box 100 CITY/STATE2IP: Eads. CO 61036