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(Page 2) MINE ID # OR PROSPECTING ID #: rn-~a~R-nsF INSPECTION DATE: m/~~ina INSPECTOR=S INITIALS: TAS 1. A site inspection was made of the Durham Pit in response to a citizen complaint received from Michael D. Bliss and Robert D "Bud" Bliss on December 19, 2003 (see attached correspondence). The Bliss property in question is immediately north of the Durham Piton the north side of the Poudre River. The complaint lists possible (future) Flood related impacts due to Varra Companies's activities of constructing a dike along the south bank and within the Floodway of the Poudre River.; and possible impacts to a number of groundwater wells on the Bliss property located within Sections 3, 9, & 10 TSN, R65W, 6`" PM Weld County. Discussions were held with Michael & Robert Bliss prior to the inspection. Present during the inspection was Brad Janes. 2. This inspector notes that both concerns noted above are being addressed per the Division's adequacy review of the operator's pending amendment application. Mr. Bliss has also sent objections to the pending amendment application and is expected to participate in the scheduled January 30, 2004 pre-Hearing Conference in Greeley. 3. The Division previously approved and issued a mining and reclamation permit for the Durham Pit to M S Corporation/Michael Miller on September 26, 1984. The permit was subsequently transferred from M S Corporation/Michael Miller to Varra Companies, Inc. on October 21, 1999. The approved mining plan specifies the following conditions for construction of the flood control dike in question: "The dike wi//be constructed approximately 100 feet wide as measured from the too of the river side of the dike to the toe of the dike on the lake's edge. The dike will be raised to a point approximately 9 feet above the bed of the Cache La Poudre River. The too of the dike will be aooroximately 30 feet with the slope toward the lake at approximately 5.•1. The dike on the river side will be 2:1. The dike will be seeded in the first approariate season fol%wing its mmnletion. The river side of the dike will be riprapped with broken concrete and other suitable material. The interior portion of the dike will also be re-enforced with similar material before being covered with overburden and topsoil." 4. A series of cross sectional profiles and corresponding measurements were taken of the south bank of the Cache La Poudre River at several undisturbed locations including the Fern Street Bridge, and immediately downstream of the eastern permit boundary. Representative cross sectional profiles and corresponding measurementr were also taken at nine (9) locations along the existing flood control dike, and within the Durham Pit permit boundary. The measurements were taken with rudimentary survey equipment by this inspector and Mr. Janes. Attached are cross-sectional diagrams and a map showing the location where the various cross sections were measured. The results confirm that the undisturbed or "natural" elevation of the south bank of the Cache La Poudre River averages 7.5' above the bed of the river channel; and the crest of the existing flood control dike averages 15.7' above the bed of the river channel. For the 9 cross sections taken along the length of the flood control dike, the crest of the dike ranged from 13.5' to 21.0' atwve the bed of the river channel. There were no measurements recorded where the crest of the Flood control dike was 9' or less above the bed of the river channel as specified in the approved mine plan. The Division considers the height of the flood control dike to be a problem that will require both temporary and long-term corrective actions. Please see pages 4 & 5 for corrective actions. The 9 cross sections also indicate that finish grading and riprap installation will be needed along a majority of the entire length of the flood control dike prior to final reclamation. Based upon Floodplain/Floodway designation maps provided by the City of Greeley, it appears that the existing flood control dike occurs within the Floodway of the Cache La Poudre River. (See attached copy of the floodplain/Foodway designation map).