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(Page 5) <br />MINE ID # OR PROSPECTING ID # M-1992-116 <br />INSPECTION DATE 2/22/05 INSPECTOR'S INITIALS WHE <br />1. Affected area boundary markers, required under Rule 3.1.12(2)(b), were Aoril 15.2005 <br />absent along the OVB stockpile located in the southwestern end of the PB or Pv: PB <br />TOPIC(S): SM <br />permit area. _, _, <br />CORRECTIVE ACTION: Within 30 days of the signature date of this <br />report, by April 15, 2005, ensure that all boundaries of the affected land <br />are delineated in accordance with Rule 3.1.12(2)(b). <br />2. The permit area contains coal related equipment, which is not addressed <br />by the reclamation plan orfinancialwarranty. Reclamation liabilityforthese April 15.2005 <br />coal related items appears to have been assumed by Four Corners PB or PV: PB <br />TOPIC(S): FN <br />Materials through the submittal and approval of Amendment 2. Pursuant to RS , _, <br />Construction Materials Rule 1.1(3), 1.1(41), 4.2.1 and 6.4.5(2), the <br />equipment must be addressed by the reclamation plan and financial <br />warranty. Therefore, a revision to the permit and amount of financial <br />warranty is necessary to address reclamation of these items. Such revision <br />shall address removal of all equipment and appropriate handling of the <br />petroleum contaminated soils, as well as standard reclamation issues. <br />Such revision shall contain a new Exhibit L, Reclamation Costs, addressing <br />each of the items in accordance with Rule 6.4.12. Alternatively, should <br />Four Corners Materials desire to not assume reclamation liability for these <br />coal related items, please submit a release request, in accordance with <br />Construction Materials Rule 4.17, for the lands containing these coal <br />related items. <br />CORRECTIVE ACTION: Within 30 days of the signature date of this report, <br />by April 15, 2005, submit either a revision to the permit to address <br />reclamation tasks and reclamation cost associated with the coal related <br />equipment located with the Ewing Mesa permit boundary, or a release <br />request for the lands containing these coal related items, in accordance <br />with Rule 4.17. <br />(end of report) <br />