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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-1986-104 <br />INSPECTION DATE: 3/20/2008 <br />INSPECTOR'S INITIALS THM <br />OBSERVATIONS <br />This inspection was conducted as part of the normal monitoring program established by the Colorado Division of <br />Reclamation, Mining and Safety. The Montgomery Pit is located 1.5 miles west of Eagle, Colorado off of Highway <br />6 & 24. The site is a 112c operation that has been completely mined. Jason Burkey and Chip Bair of B&B <br />Excavating accompanied the inspector during the inspection. <br />The mine identification sign and the affected area boundary markers are in place and in compliance with rule 3.1.12. <br />The sign is located on a post at the main entrance on the south side of the gravel mine. The permit boundaries are <br />comprised of fences and posts that are easily identifiable around the entire perimeter of the mine. <br />The pit is currently mined out but is active as a concrete plant, heavy equipment storage and construction material <br />stockpiling. Various pieces of heavy equipment were observed within the permit area. The concrete plant was <br />operating during the inspection. Stockpiles of various construction materials were observed near the concrete plant <br />in the east end of the permit area. Most of the slopes within the permit area had been reclaimed to slopes that <br />appeared to be no steeper than 2H:1 V. No evidence of major storm water erosion was observed during the <br />inspection. <br />The concrete plant located at the east end of the mine is going to be moved to the west end of the permit area within <br />2008. There are also plans to construct an asphalt plant at the west end of the mine. Stockpiles of used concrete <br />ready for recycling were observed at the crusher stockpile area of the mine during the inspection. Jason Burkey <br />described that they plan to recycle concrete and asphalt at the Montgomery Pit in the near future. The facility <br />appeared to be free of unnecessary debris and in good order. <br />The operator is currently in the process of building a new office building and maintenance shop and B&B <br />Excavation is planning to relocate its headquarters to the Montgomery Pit within 2008. Various projects associated <br />with the construction of the new facilities were being conducted at the time of the inspection. <br />During the inspection of the eastern permit boundary it was brought to the inspector's attention that the operator <br />recently received a grading permit from Eagle County to remove 4,000 cubic yards from the land adjacent to the <br />eastern permit boundary also owned by the operator. The stated purpose of the removal of the material was to create <br />a better transition between the private land and the pit floor for a proposed open space / access to the Eagle River. <br />The inspector strongly recommended that no excavation take place on the adjacent property until the matter <br />could be looked at more closely to determine if the action would be considered mining outside of the permit <br />area or mining without a permit. <br />The high wall at the east permit boundary was at a slope that appeared to be near vertical, the mining plan states that <br />all slopes will be mined to a steepness no greater than 2H:1 V. The near vertical slopes are currently out of <br />compliance with the requirements of the reclamation permit held by the Division. The operator will need to <br />submit a revision to the permit to incorporate details of the mining method observed during the inspection and <br />changes to the reclamation plan that will be required to reclaim these high walls to the approved configuration. <br />According to the Mine Plan Map that was submitted with the 2003 amendment, topsoil was to be stockpiled on top <br />of the eastern permit boundary. No topsoil was observed on top of the east high wall and it is not clear whether <br />topsoil was ever stockpiled at this location or if was it moved. Please submit documentation that accounts for the <br />missing topsoil and, if the topsoil was relocated, indicate where it was placed.