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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-2002-106 <br />INSPECTION DATE 10/6/08 INSPECTOR'S INITIALS RCO <br />OBSERVATIONS <br />This inspection was performed by the Division as part of its monitoring of Construction Materials 110 permits. The operator <br />was contacted about the scheduled inspection. The operator's representative named on page one was present during the <br />inspection. The site has been active in 2008, but was not active on the day of the inspection. <br />The old pre-law pit on the north, which is outside the permitted area boundary, has not been redisturbed. The operator is <br />aware that it is not permitted and must not be disturbed. It was noted that most of the ground surface at the old, pre-law pit <br />predominantly consists of clayey soil, with some of it exhibiting a large amount of gypsum. Most of these areas contained very <br />poor revegetation, even after years of no activity, indicating that some difficulty may be encountered in revegetating the new, <br />permitted pit. It may be advisable for the operator to contact the local extension office or NRCS office for an updated <br />revegetation plan. For better success, the seed mix should include a shrub species that tolerates alkaline soil, such as <br />rabbitbrush or saltbush, and a grass species that is hardy and aggressive against weed infestations, such as crested <br />wheatgrass. (If the operator wants a different seed mix, it may be changed from the currently-approved plan through a <br />technical revision. The fee for a technical revision is $216.) <br />There are several small patches of Canada thistle on the site and immediately outside the permit on pre-disturbed land. <br />Noxious and/or problematic weed infestation was observed within the affected area. The infestation, if not controlled, will most <br />likely hinder or delay successful reclamation of the site and contribute to offsite spreading and establishment of these weeds. A <br />weed control plan, developed in consultation with and approved by the appropriate local weed control authority, must be <br />submitted as a revision to this permit. The weed infestation is noted as a problem under the topic of revegetation on page one, <br />and the corrective action and correction date are shown on the last page. Significant progress toward control of onsite weeds <br />must be demonstrated within three years to avoid potential Board enforcement action. A copy of this report will be sent to the <br />appropriate weed control authority for this area. (Note: The noxious weed technical revision may be combined into the same <br />revision as a new seed mix, if you choose to do that.) <br />The permit boundary is irregular and was observed to be marked by steel T-posts. The operator is reminded that mining <br />activity should not extend too close to the markers, to allow sufficient room to maneuver equipment during reclamation. The <br />site lacks a permit ID sign. Unauthorized persons at the site may have removed the last one, so the operator must place a new <br />one. (Please seethe attached page from the Rules and Regulations describing the language to be included on the new sign.) <br />The main pit in the southwest end of the permit has been partially backfilled, with material from the large stockpile of <br />topsoil/overburden that was formerly along the south edge of the site. There is a large amount of overburden in parts of the <br />site. Part of the operator's approved mining plan requires that the pit slopes be maintained as close as possible to the final <br />reclamation gradient. This does not require, however, that the pit be backfilled each season after operations cease. The <br />operator may continue mining toward the east, and reclaim the pit behind him gradually. This could include backfilling <br />overburden and/or shaping the slopes that are in their final location. <br />The operator had excavated some test pits in the NE corner of the permitted area, which he has backfilled. The main pit may <br />eventually extend to that part of the permitted area. Until then, the operator must ensure that the permit boundary markers are <br />maintained, and that weeds are controlled there. <br />The operator strips topsoil prior to excavating the pit. The topsoil is piled along the east side of the main pit. The operator is <br />reminded that he must protect the topsoil from damage, such as from weed infestation or erosion. If it is to remain stockpiled <br />for more than a year, it must be seeded. (The operator is reminded that the stockpile must not be placed too close to the <br />permit boundary, since reclamation equipment must have room to push it.) <br />A wheeled loader was parked at the site. There is no processing performed at the site, and no stockpiling. There is no fuel <br />stored at the site. Bentonite is excavated and loaded on trucks directly from the pit when sales occur. There is no debris or <br />junk at the site (though there is evidence of "recreationists" driving their ATVs around on the slopes and shooting their <br />firearms). <br />There is an insufficient bond posted for this site. The law requires an operator to provide a bond in an amount adequate to hire <br />a contractor to fully reclaim it. Such bond increase must be submitted within 60 days after notification, in the amount indicated <br />on the enclosed bond estimate. The bond forms that the operator may choose from are found on the Division's website: <br />http://www.mining.state.co.us/. This inspection is the Division's notice to the operator. A problem is noted on page one under <br />the topic of financial warranty, and the corrective action and correction date are shown on the last page.