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MINE ID # OR PROSPECTING ID #: M-1987-n93 <br />INSPECTION DATE: 7/99/2nnR INSPECTOR=S INITIALS: 11F <br />OBSERVATIONS <br />On July 29"', 2008, I, Jared Ebert of the Colorado Division of Reclamation Mining and Safety conducted a <br />monitoring inspection of the Mitchell Pit, permit number M-1987-023. This mine site is located on the east side <br />of the town of Bennett, CO in Adams County. Mr. Mitchell accompanied me during the inspection. <br />The current permitted acreage for this site is 9.9 acres. At this time it appears that all 9.9 acres are affected. <br />Mr. Mitchell holds another permit for a mine adjacent to the southern border of this mine. <br />The proper mine identification sign was posted, however the permit boundaries were not clearly marked, the <br />operator must place appropriate visual markers delineating the permit boundary to ensure the operations is <br />contained within the permit area. This is cited as a problem on the last page of this inspection report. An <br />overburden berm was in place on the east side of the permit boundary, according to Mr. Mitchell the permit <br />boundary was just beyond the berm to the east. <br />Most of the area is being used as a storage area for stockpiles of Bentonite and old road material generated <br />outside of the mine site (see Figure 1 & 6). Mr. Mitchell allows this material to be deposited on the mine site. <br />Several other stockpiles exist on the site; they include a gravel pile and a topsoil pile. Mr. Mitchell stated that <br />some of structural material generated outside of the mine site is being used to backfill the excavation. In <br />accordance with Rule 3.1.5 (9), the operator must submit a notice to the Office if structural fill generated out <br />side of the mine area is to be used to backfill on the mine site. See below for the rule 3.1.5 (9) as it is stated in <br />the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of <br />Construction Materials. Also Rule 1.1 (20) is cited below as well. This is listed as a problem on the last page <br />of this report. <br />Rule 3.1.5 (9): <br />"If an Operator intends to backfill inert structural fill generated outside of the approved permit area, it is <br />the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified <br />in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty <br />(30) days after receipt of such Notice by the Office, the Operator may proceed in accordance with the <br />provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover <br />the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but <br />is not limited to: <br />(a) a narrative that describes the approximate location of the proposed activity; <br />(b) the approximate volume of inert material to be backfilled; <br />(c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); <br />(d) the approximate dates the proposed activity will commence and end, however, such dates <br />shall not be an enforceable condition; <br />(e) an explanation of how the backfilled site will result in a post-mining configuration that is <br />compatible with the approved post-mining land use; and <br />(f) a general engineering plan stating how the material will be placed and stabilized in a manner <br />to avoid unacceptable settling and voids." <br />Rule 1.1 (20) : <br />"Inert Material" means non-water-soluble and non-putrescible solids together with such minor amounts <br />and types of other materials, unless such materials are acid or toxic producing, as will not significantly