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s • <br />(Page 3) <br />MINE ID # OR PROSPECTING ID # M-97-089 <br />'NSPECTION DATE 71121/97 INSPECTOR'S INITIALS WHE <br />the north and NW boundary of the proposed permit area, does not appear to be within DMG <br />jurisdiction. <br />Previously disturbed areas were observed adjacent to the SW corner of the proposed permit area, <br />consisting of the reclaimed and released Lower Valley Pit, File No. M-94-003, and other <br />unreclaimed disturbances probably associated with pre-law excavation activities. Abandoned tires <br />and other debris were scattered around the pre-law disturbed areas. <br />Recently placed survey ribbon (pink with black stripe and orange ribbons) and pin flagging (orange, <br />blue and yellow) :•:ere observed within the SW quadrant of the proposed permit area. Five recent <br />excavations were observed within or near the surveyed area, four of the excavations were marked <br />by orange pin flagging. Evidence suggests that rubber tired backhoe was utilized for the <br />excavations. Excavation trenches appeared to have been approximately 18" wide and 3' long. <br />Excavations were partially backfilled but not graded. Affected area for each excavation was <br />estimated at 10' x 10' area, total affected area estimated at 500 square feet. BLM representatives <br />stated that excavations had been conducted by Applicant with BLM authorization. BLM <br />archaeologist had accompanied the equipment operator, monitored the excavations and recorded <br />archaeological notes from the excavations. <br />Observations made during the inspection and recorded within this inspection report do not indicate <br />that mining operations have commenced. However, evidence suggests that the Applicant may <br />have commenced exploration activities prior to submittal of Notice of Intent to Conduct Exploration, <br />as required by Rule 5.1.1 and Section 34-32.5-113(1) of the Act. <br />Rule 1.1(13), defines "Exploration" as the act of searching for or investigating a construction <br />material deposit. "Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core <br />and bore holes and digging pits or cuts and other works for the purpose of extracting samples prior <br />to commencement of development or extraction operations, and the building of roads, access <br />ways, and other facilities related to such work. The term does not include those activities which <br />cause no or very little surface disturbance, such as airborne surveys and photographs, use of <br />instruments or devices which are hand carried or otherwise transported over the surface to make <br />magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location <br />work, or other work which causes no greater land disturbance than is caused by ordinary lawful <br />use of the land by persons not exploring. The term also does not include any single activity which <br />results in the disturbance of a single block of land totalling 1,600 square feet or less of the land's <br />surface, not to exceed two such disturbances per acre; except that the cumulative total of such <br />disturbances will not exceed 5 acres statewide in any exploration operation extending over 24 <br />consecutive months. <br />Excavations conducted by the Applicant, totalling less than 1,600 square feet, appearto be exempt <br />from the Exploration Notice requirement, as defined by the 1,600 square feet exclusion of Rule <br />