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(Page 21 MINE ID ~f OR PROSPECTING ID # M-1990-140 INSPECTION DATE 4-21-05 INSPECTOR'S INITIALS GRS This was a general monitoring inspection of the Martin 1A-Pit conducted by Gregg Squire of the Division of Minerals and Geology. Pat Weber, the permit holder, was also present during the inspection. Weather conditions on site were cloudy and the ground was-dry. The site is located about two and one-half miles southwest of Craig. There is no Permit ID sign posted, and the only permit boundary markers are on the east side of the pit. The missing Permit iD sign and lack of adequate permit boundary markers are considered to be problems, PLEASE SEE PAGE 3 OF THIS REPORT. Pat Weber, the permit holder, stated that he no longer has any control over the property that the permit is on. He also indicated that the current land owner is Jimmy Duran, and that Mr. Duran has been conducting the mining on the site for the last several years. It appears that the operator on the site has mined beyond the south boundary of the permitted area and has entered into a power line right-of-way. If Mr. Duran is responsible for this mining he should be cited for mining without a permit. This would be a violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials (the Act), Section 34-32.5- 109(1) "Reclamation permit required-existing permits. (1)Before engaging in a new operation, an-operator shall-first-obtain from the board -or-office-a-reclamation-permit:":--If-Mr. - ----- Weber, as the permit holder, is to be cited the violation would be under Section 34-32.5- 116(4)(1) •`Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation." This is because the disturbed area outside the present permit boundary is less than two acres in size. The permit mining plan states that "The power line right-of-way is a minimum of 25 feet south of the affected area boundary..", and the permit map shows the affected area to be to the north and outside of the right-of-way. The permit application also states that this powerline ROW belongs to the U.S. Department of interior, Bureau of Reclamation, Denver Federal Center, Lakewood, Colorado. It also appears that the operator may have mined beyond the boundary of the permit to the west, but since there are no markers along the west aides of the permit area, this could not be determined. The Division inspector also observed during the inspection that extraction of material had taken place within a few feet of some power line poles, also a possible violation of Section 34-32.5-109(1) or 34-32.5-116 (4)(i) of the Act. This may also be a problem with Section 34- 32.5-115(4)(e) of the Colorado Land Reclamation Act for the Extraction of Construction Materials, and of Rule 6.3.12 Exhibit L-Permanent Man-Made Structures, of the Construction Materials Rules when an amended or new permit application is filed. Rule 6.3.12 states "Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: (a) provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; (b) where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or (c) where such structure is a utility, the applicant may supply a notarized letter on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility." Nothing could be found in the permit file which indicates that the Applicant has complied with a, b, or c of Rule 6.3.12. The bivision, as part of the require corrective actions, is asking that the disturbed areas within the power line right-of-way be included in any new permit application, amended 110c, or converted 112c permit. As part of any of these applications, the applicant must address the Permanent Man-Made Structures issue.