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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1980-245 <br />INSPECTION DATE 01!29/2007 <br />INSPECTOR'S INITIALS DEG <br />This inspection of Permit Number M-1980-245 (Hogback Mine) was conducted by Deb E. G6nima of the DRMS as a result of a <br />citizen complaint. Greg Knell and Jason McGraw of Robinson Brick Company were present during this inspection. The pit is <br />located'/.miles south of W aterton, CO, and currently consists of approximately 66 acres where approximately 40 acres have <br />been disturbed. <br />Mr. Ken Capen, a local resident, submitted a letter to the Division on January 16, 2007 stating the following concerns: <br />"They have erected a mound of topsoil about thirty feet high and about fifty to sixty from my back <br />fence. This in itself is a hazard, but what I am concerned with is the dirt when the wind blows. It will <br />gust here up to 30 or 50 mph almost everyday from 10:OOpm until 10am. In just a very short time my <br />yard and house will be covered with this topsoil. I would like you to have them cover all the new soil <br />with something to keep it from coming into my house." <br />According Division's Rule and Regulations (specifically Rule 3.1.9(1) of the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for the Extraction of Construction Materials): <br />"If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration <br />of the topsoil, vegetative cover or other means shall be employed so that the topsoil is protected <br />from erosion, remains free of any contamination by toxic or acid-forming material, and is in a <br />usable condition for reclamation" <br />This inspection revealed that the topsoil stockpile described in the citizen complaint letter was not effectively stabilized at the <br />time. Therefore, per Rule 3.1.9(1) the operator must take steps to protect the topsoil from erosion, and submit evidence of the <br />steps taken to the Division, on or before May 1, 2007 (see Problem No. 1 and the corresponding corrective action noted on <br />page 3 of this report). <br />During a conversation this inspector had with the operators, the following possible options for stabilizing the topsoil stockpile <br />were discussed: hydromulching the east-facing slope of the stockpile and seeding the remainder of the stockpile with seed for <br />vegetation that establishes itself rapidly, as they have done for other stockpiles on site. <br />Mining appears to have been performed in a graded sloped bench configuration. There were several material stockpiles on the <br />site, and topsoil has been stockpiled at the lower, southeast portion of the pit. The majority of the undisturbed area was well- <br />vegetated including the topsoil stockpiles. <br />With the exception of the need to stabilize the topsoil stockpile, all other activities and completed work at the time of inspection <br />appeared to follow the guidelines and regulations set forth by the state and the mining and reclamation plans for the pit, and no <br />other problems are noted for this site. The site is stable, and no disturbance was observed outside of the approved permit <br />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. Grea Knell and Mr. Jason McGraw ^ BL <br />OPERATOR Robinson Brick Comoanv ^ 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: Mr. Ken Capen, 7775 Jared Way, Littleton, CO 80125 <br />Tony Waldron, DRMS via a-mail <br />