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(Page 2) <br />MINE ID # OR PROSPECTING ID #: nn_t aRe_nod <br />INSPECTION DATE: 1 ~-~n-n~ INSPECTOR=S INITIALS: in <br />OBSERVATIONS <br />Completed a partial inspection of this operation to see if the permit boundary markers were re-surveyed <br />pursuant to requirements of the 10-23-03 corrective action. <br />As previously noted, this is an 18 acre 112 Regular permit located about a mile north of Fairplay, west of <br />Highway 9. <br />During the 10-23.03 inspection, this inspector could not locate the correct permit boundary markers. The survey <br />markers that were found did not appear to be the correct permit markers (the distances did not match the <br />approved permit map). The operator was required to install accurate boundary markers as soon as possible <br />since, H appeared, the operator may have mined beyond the approved permit boundary. The operator notified <br />the Division offer the markers were installed so the site was re-inspected. <br />Affer meeting Mr. Steven McEvoy at the site, we walked the entire permit boundary. The approved boundary is <br />now adequately delineated. <br />During this Inspection, and the previous Inspection, this Inspector observed several acres of mining disturbance <br />north-northwest of the existing boundary. The operator had this area surveyed to determine the extent of the <br />disturbance. The operator provided the Division with a copy of the new survey map. The excavated disturbance <br />consists of 7.65 acres. The operator excavated about 10-15 feet of material from this area. Since the operator <br />mined substantial acreage beyond the permit boundary, he will be issued a Possible Violation (PV) for <br />operating without a permit, C.R.S. 34-32.5-109, pursuant to requirements of C.R.S. 34-32.5-123(2). The Division will <br />schedule the PV for the January 21.22, 2004 Board Hearing. If the Board finds a Violation, the Division may <br />recommend that the Operator submit a complete permit amendment application to incorporate, at least, all of <br />the disturbed area and the Division shall recommend that the application will be approved, and a financial <br />warranty increase submitted (if one is required), within the applicable time frame. If the Board Onds a violation <br />of C.R.S. 34-32.5-109, the Division shall recommend a civil penalty in the amount of $1,000 to $5,000 per day for <br />each day of violation for operating without a permit (C.R.S. 34-32.5-123(2)) and the Division shall recommend <br />that a cease and desist order be issued by the Board. A Reason to Believe letter (RTB) should be sent to the <br />operator within the next couple of weeks. <br />Mr. Steve McEvoy purchased this operation about 2 years ago. The permiffee will remain the same (Sanborn <br />Sand and Gravel, Inc.) but the new contact person (the registered agent for the corporation) will be Mr. <br />McEvoy. All enforcement actions will be directed to Mr. McEvoy. The mine address will remain the same. <br />An application form has been attached to this report so, if inclined, the operator can begin preparing an <br />amendment to the permit. <br />I & E Contact Address <br />NAME: Mr. Steve McEvov <br />OPERATOR: Sanborn Sand and Gravel. Inc. <br />STREET: 9nn1 PlnttP nriva <br />CITY/STATE/ZIP: Fairplny, rn Rn44n <br />Harry Posey (e-mail) <br />cc: r CE <br />r BL <br />r Fs <br />r Hw <br />r HMWMD (CH) <br />r SE <br />r WQCD (CH) <br />r OTHER <br />