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MINE ID # OR PROSPECTING ID#: M-1977-348 PAGE: 4 INSPECTION DATE: 11-25-03 INSPECTOR'S INITIALS: ACS The following problems (PB) and/or possible violations (PV) (and suggested corrective actions) were identified during this inspection. The problems should be corrected by the dates given, or they will become possible violationa. The possible violations should be corrected by the dates given to reduce their severity when considered by the Mined Land Reclamation Board. The inspector noted on the first page of this report should be notified of all corrective actions taken. PROBLEMS/POSSIBLE VIOLATIONS AND CORRECTIVE ACTIONS CORRECTION DATE 1/12/04 PROBLEM PB-1: Holcim is accepting imported clean fill from Larimer County Public Works for use in site reclamation. PB or PV This activity is subject to the requirements of Rule 3.1.5(9) of the Mineral Rules and Regulations of the Colorado Mined TOPIC(S):TS Land Reclamation Board. CORRECTIVE ACTION: Provide the information required under Rule 3.1.5(9) as it relates to the Larimer County material being accepted at the site. The text of the Rule is provided here: 3.1.5(9) An Operator may backfill structural fill material generated within the MLRB pemutted area into an excavated pit within the permit area as provided for in the MLRB Permit. If an Operator intends to backfill inert structural fill generated outside of the approved permit azea, it is the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty (30) days after receipt of such Notice by the Office, the Operator may proceed in accordance with the provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but is not limited to: (a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material to be backfilled; (c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); (d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; (e) an explanation o£how the backfilled site will result in apost-mining configuration that is compatible with the approved post-mining land use; and (f) a general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids. 1.1(20) "Inert Material" means non-water-soluble and non-putrescible solids together with such minor amounts and types of other materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in a hazdened state for at least sixty days, masonry, asphalt paving fragments, and other inert solids.