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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-goes-n 17 <br />INSPECTION DATE: I n/?1/9008 INSPECTOR=S INITIALS: MAC- <br />OBSERVATIONS <br />The inspection of the Derr Pit was conducted by Michael Cunningham of DRMS. <br />Also present were Darwin Derr and Doug Derr, representing Broken Arrow <br />Investments,LLC. The Derr Pit is located approximately 1 mile east of <br />Greeley in Weld County, Colorado. <br />A Construction Material Regular (112) Operation Reclamation Permit <br />Application Package for the Derr Pit was received by the Division on April <br />10, 2008. The Division is currently reviewing the permit for adequacy <br />concerns. The Division's decision date is set for November 3, 2008. <br />The inspection was conducted in response to a complaint received by the <br />Division on September 26, 2008. The complainant alleged that the Operator <br />of the Derr Pit was removing and hauling off material from the site prior <br />to obtaining a reclamation permit from the Division. In addition, the <br />complainant alleged that this mining activity was exposing surface water. <br />Prior to conducting the inspection, the inspector had contacted Mr. Darwin <br />Derr and notified him of the complaint and the need to inspect the site. <br />Mr. Derr indicated that he had removed and sold material from the site. <br />Upon arriving at the site, Mr. Derr led the inspector to the area where the <br />material was removed. The disturbed area was located within the northeast <br />portion of the proposed permit boundary, to the east of the existing gravel <br />road. Mr. Derr informed the inspector that mining had commenced <br />approximately around the 9th of September and concluded on the 23rd of <br />September. <br />The disturbed area was clearly visible and was in the form of a shallow <br />bowl. According to Mr. Derr, after the material was removed, he backfilled <br />and graded the slopes. The inspector used a GeoXT Global Positioning System <br />(GPS) unit to measure the size of the disturbed area. The disturbed area <br />was found to be 0.61 acres in size. The depth of the pit was approximately <br />7 feet. The total volume of material that was removed from the disturbed <br />area was estimated to be 6,768 cubic yards. No ground water was exposed at <br />the time of the inspection and there was no evidence that indicated that <br />ground water had been exposed prior to the inspection. The present <br />condition of the disturbed area does not pose any health or safety risks. <br />No other disturbed areas were identified on the site. <br />Based on the findings of the inspection, the Division has reason to believe <br />that the Operator is in violation of C.R.S. 34-32.5-109(1) for failure to <br />obtain from the board or office a reclamation permit prior to engaging in a <br />new mining operation. The Operator shall immediately stop all mining <br />activities. The possible violation will be scheduled for the October 15-16, <br />2008 Mined Land Reclamation Board Hearing. Notice of such hearing will be <br />sent under separate cover. <br />This concluded the inspection.