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(Page 3) :~ MINE ID # OR PROSPECTING ID # M-1982-147 INSPECTION DATE 02/27/02 INSPECTOR'S INITIALS ESC The Branter Ditch diverts water from the South Platte River and conveys this flow along the western boundary of the mining operation. According to the operator, the Branter Ditch Company owns the ditch. The ditch was inspected to determine if mining closer than 200 feet resulted in any damage to the ditch. The ditch appeared to be in good repair, and no impacts to the ditch were observed that would have been caused from the mining and/or reclamation of Pond 3. The operator stated that the Branter Ditch Company has never been concerned regarding the proximity of the mining operation to the ditch. Pond 3 waS included in the Nyholt/Mann Lake permit area as an amendment to the permit (AM- 001) dated June 22, 1988. Discussion of the Branter Ditch in AM-001 is in regard to the general location of the ditch and the fact that stockpiled material will be located outside of the right-of-way of the ditch. The map titled, Minino Plan and Affected Lands Exhibit C. depicts the limits of the affected land and the limits of mining. According to this map, the mining limits range from 275 feet to 350 feet from the centerline of the Branter Ditch. The map titled, Reclamation Plan Exhibit F, depicts the reclaimed area. In this map, reclamation is to be established from 300 feet to 550 feet from the centerline of the ditch. It should be noted that all mining and reclamation occurred within the affected boundaries of the permit. The operator surveyed this area on February 26, 2002 to determine the distance between the ditch and the limits of the existing pit. At the request of the Division, the survey data was sent to the Division to facilitate the inspection. The information was sent to the Division Via electronic transmission on February 28, 2002. The survey data depicts Pond 3 to be an approximate length of 730 feet from north to south. The distance between the reclaimed pit face and the centerline of the Branter Ditch ranges from 164 feet to 220 feet. Based on this information, it appears that the operator mined and reclaimed outside the approved mining limits established in Exhibit C and Exhibit F of AM-001. Rule 6.4.3 requires the operator to submit a mining plan map that depicts the total area to be involved in the operation, including the area to be mined and the area of affected lands. The map clearly defines the mining limits versus the area of affected land. Therefore, the Division finds the operator to be in possible violation of the approved permit and the Colorado Land Reclamation Act for the Extraction of Construction Materials. Specifically, failure to perform the mining and reclamation prescribed by the reclamation plan noted in 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials. A notice regarding this possible violation will be submitted under separate cover. To corrected the possible violation, the operator must comply with the following: 1. File a revision to the permit depicting the actual mining and reclamation limits of Pond 3. The operator will need to demonstrate that mining/reclaiming closer than 200 feet of the Branter Ditch will not cause adverse affects to the stability of the ditch as required in Rule 6.4.19 of the Rules and Regulations. In addition, the revision shall contain any new reclamation limits or the area must be backfilled to the distances established on Exhibit F. 2. A complete revision must be submitted to the Division by March 29, 2002. The following pertains to the other issues of concern raised by Adams County and Love & Associates: Any changes to the final reclamation plan will need to be submitted as a revision to the permit. This includes a change from a compacted clay liner to a slurry wall. If the operator does not intend to mine the powerline corridor area, then the operator will need to revise the reclamation plan map to reflect the change. The Division does not require areas to be mined if the operator determines that mining a certain parcel is uneconomical.