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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-2006-027 <br />INSPECTION DATE: 3-20-06 <br />INSPECTOR'S INITIALS GRM <br />This inspection was conducted as part of the normal program established by the Colorado Division of Minerals and <br />Geology for the investigation of Citizen Complaints. The Division received a written complaint on March 14`h, <br />2006 from an operator that a possible illegal operation was being conducted off of 1800 Road in the eastern part of <br />Delta City limits. The complaint identified the property owner as Lillian Wells. The company hauling materials <br />from the site is Dirt Merchants, whose principles are members of the Wells Family. Division Staff contacted the <br />Wells by telephone and set up an inspection for the 20`h of March 2006. The inspector met Mr. Leroy Wells, Brian <br />Wells and Troy Wells on site for the inspection. The Wells were cooperative and appeared genuinely interested in <br />ensuring that their activities were within the law and Rules. <br />The entrance to the site is located on the west side of 1800 Road approximately a mile and a halfsouth from State <br />Highway 92. The GPS coordinates for the access entrance are 38° 44'53. 933" N / 108° O1' 39.699" W. <br />Staff observed no signs indicating materials were for sale. <br />Through discussions with the Wells the following information was obtained: <br />1) The site has been used historically for materials to improve roads on their agricultural lands. The screen and <br />stacker observed on site has been used for these purposes and constitute the original disturbance. All lands <br />are contiguously owned y the Wells Family. <br />2) A large portion of the overburden and topsoil has been used to improve the agricultural land that is part of <br />the same parcel as the disturbance. <br />3) The initial intended purpose of the disturbance was to improve the field and build a pond. <br />4) Some materials were shipped to a building site in Delta for site fill material. The Wells were adamant that <br />the material itself was free, however they received compensation for shipping costs. <br />5) Some materials were shipped to a nearby subdivision for road base /fill. The subdivision is owned by the <br />daughter/sister of the Wells. This site is not contiguous to the disturbance site. The Wells again stated the <br />materials were free, however the recipient again paid for the cost of shipping. <br />At present there is approximately 2.9 acres of total disturbance directly related to the activities in question. Another <br />0.2 acres is part of the original agricultural uses and excluded from this estimate. The excavation currently is <br />approximately S to 10 feet in depth with highwal]s around 6 feet on the south and north sides. <br />The landowner /operator is aware of OSE requirements concerning impoundment height limits and water rights <br />issues. <br />After the on-site review of the site, staff discussed the issue with the Wells. It was explained that the use of the <br />materials on site for the field and road improvements for the contiguous agricultural lands was not a problem per <br />Exemption #1 of the Board Policy. However, the exportation of the materials to the building site in Delta and the <br />subdivision appears to require a permit. The Wells asked questions regarding the permit procedure and indicated a <br />willingness to pursue one if necessary. <br />The Wells provided staff with a completed "Is it Mining Questionnaire" which will be evaluated with the <br />information gathered during the inspection. Staffwill contact the Wells with a written decision as to the next steps <br />that are necessary in this matter. <br />