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ORIGINAL - POBLIC FILE (Page 2) MINE ID # OR PROSPECTING ID #: ti+-tef3R-n9~ INSPECTION DATE: a/t3/ne INSPECTORDS INITIALS: ~LC~ OBSERVATIONS The Division conducted a follow up joint inspection, with representatives from the coal program of the site on 04/13/04.When the site was last inspected on 3/2/04, as a result of a complaint, from the coal operator, the Division had requested the aggregate operator to have the permit area surveyed and provide the true ownership of the are in question, so the appropriate actions can be taken by the Division. The issue raised by the coal operator was that the aggre4aget operator had affected an area that is with in the Coal Load out permit area. The area in question is with in 100 feet of the railroad right away. The aggregate operator had stated that the operation conducted to within approximately 50 feet of the rail road line was a grading operation, conducted at the request of the rail road right away owner and that it was not related to their mining activity. At the time of the 4/13/04 inspection, Sandy Brown and Jim Stark, from the Coal Program, Denise Gonzales and John Paul Ary, from Rei Mix and Rich Boehm, the railroad representatives were present. Since the last inspection, the entire 100-foot right away has been graded and permit boundary stakes have been place marking the 100feet permit boundary, for permit # M-1988-093. According to Mr. Boehm, the aggregate operator conducted the grading operation at his request and that, he wants them to grade the area even lower than the railroad tracks, so the drainage will be away from the tracks. He also stated that if at all possible, he would like to grade areas across the tracks, covered under the Energy Coal's load out permit. At that time Ms. Gonzales provided a copy of the deed for the area in question, which indicated the owner to be the aggregate operator. The deed also indicated that the required rail road right away to be only 50 feet from the center of the rail road tracks rather than thee 100 foot set back, approve by the DMG permit. Since the grading operation was conducted at the request of the railroad right away owner, the aggregate operator appears to be in compliance with the approved reclamation permit. However, in the future, prior to engaging with such activities outside of the permit area, it is recommended that the operator notify the Division, prior to affecting any area, outside the permit. Prior to the end of the inspection, the aggregate operator agreed to look in to possibly adding a portion of the railroad right away to their permit, so the Coal program can remove it from their permit. I & E Contact Address CC: NAME: DENISE GONZALES OPERATOR: FREMONT PAVING AND REDI-MIX STREET: P_t) ROX 8d1 CITY/STATE/ZIP: CANON CITY, C(7 Rt 915 Harry Posey (e-mail) cc: r CE jim stark via email T BL I' FS t HW