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• (Page 2) • MINE ID # OR PROSPECTING ID # M-89-029 INSPECTION DATE 4/26/2001 INSPECTOR'S INITIALS TAS OBSERVATIONS 1. A site inspection was conducted in response to a written complaint received from hfr. Ted Cox on March 28, 2001 where concerns were noted for both the Longmont Distel Operation (M-89- 029) and the Longmont Operation (M-94-027). (Please see attached complaint letter). Present during the s:.te inspection was Connie Nickle Davis of Aggregate Industries, Inc. It should be noted that similar complaint letters were submitted to the Division in early 2000 and on 11912001; with each being followed-up by a Division site inspection. (Please see attached correspondence). The following are concerns noted in Mr. Cox's March 28, 2001 letter and the Division's re's ponse to each concern. 2. Air Quality Fugitive dust and diesel emissions are concerns that are regulated under the authority of the Air Quality Control Division of the Colorado Department of Public Health ~ the Environment. Any concerns relating to dust control and diesel fumes/emissions should be directed to such Division. 3. Noise, Traffic, Negative Property Values: These concerns are not within the regulatory authority of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any such concerns should be directed to the Weld County Planning Commission. 4. Miles of Vrareelaimed Aiver Hottam: Various portions of the total 530.3 permitted acres are now disturbed. The site was originally permitted for a total of 119 acres in 1989, but has since been anended three (3) times, with each amendment to add significant acreage. The 530.3 permitted acres now includes the following properties: plant site, Peschel, Sherwood, Bigelow, Distel, and Longmont. The Tull property (approximately 230 acres) is permitted as the Longmont Operation, Permit No. M-94-027. The original permit specified the following conditions: a) mining will be done by phases with a maximum pit disturbance of 8 acres, b) mining will b= completed in approximately 10 years, c) mining and reclamation of each phase will be done ~=ontemporaneously in order to minimize the total amount of disturbed acreage at any time during the operation, d) when mining is completed in one phase and moves to the next phase, reclamation activities will begin immediately on the completed phase, and e) the total maximum disturbance, including mining and reclamation, at any one time will be 27 acres. Each successive amendment specified mining in phases with a maximum disturbance at any one time and conta~mporaneous reclamation to minimize the total amount of disturbance at the site. Amendment No. 1 was approved in 1994 to add 132.95 acres to the 114 acres originally permitted and specified mining in phases of 17-35 acres with a maximum disturbed area during mining of 51 acres. Amendment No. 2 was approved in 1998 to add 98.9 acres for a total permitted acreage of 330.7 acres and specified mining in two (2) phases of 44.6 acres and 47.9 acres. Amendment No. 3 was approved in 2000 to add 239.9 acres for a total of 570.1 acres and spe~;ified a maximum disturbance at any point during the operation of 214.8 acres. Rule 3.1.3 and Section 116(4)(q)(II) of the Act ("Colorado Land Reclamation Act for the Extraction of Construction Materials") require that the operator carry out reclamation to completion with all reasonable diligence, and each phase of reclamation shall be completed within five (5) years from the date the Operator informs the Board or Office that such phase has commenced, unless extended by the Board or Office. The 5-year period may be applied separately to each phase as it is commenced throughout the life of the mine.