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MINE ID # OR PROSPECTING ID #: m-9nnn-1 >.s <br />INSPECTION DATE: QIai' )nn9 INSPECTOR=S INITIALS: 11F <br />OBSERVATIONS <br />This inspection was conducted at the Mullet Excavating Pit, M-2000-115 at the request of Mr. Joe Gagliano in <br />order to clarify the permit boundary. This site is located five and a half miles due west of Simpson Cemetery in <br />Tyrone, Colorado in Las Animas County. I Jared Ebert of the Colorado Division of Reclamation Mining and <br />Safety conducted the inspection. Mr. Joe Gagliano accompanied me on the inspection. <br />This site was inspected on October 6th, 2008. During that inspection, three problems were identified and one <br />possible violation was noted. The following narrative shall first describe the issues that were cited in the <br />October 6th, 2008 inspection report and a description of the corrective actions that have been taken to the <br />date of this inspection. <br />A.) Problem #1; Signs and Markers: The proper mine entrance sign was not in place and all the permit <br />boundary markers did not appear to be in place. <br />a. Currently, there is a sign in place at the mine site however it does not have all the required <br />information outlined in Rule 3.1.12 The operator will need to post a proper mine identification <br />sign. This is cited as a problem at the end of this report. <br />b. The operator had the site surveyed and the boundary's marked. Based off the survey map Mr. <br />Gagliano brought, he was able to point out the boundary markers that were set by the <br />surveyor. Using a Trimble GPS unit, this site was measured and the attached map was created. <br />It is likely that these boundary markers will be used as the permit boundary markers for the <br />new amendment application. It appears that the delineated boundary will encompass the <br />disturbed area created by the mining process and clarify the confusion of the permit boundary <br />location. <br />B.) Possible Violation; Off-Site Damage and Roads: A new access road appears to have been <br />constructed into the mine site, this road is outside of the current permit boundary. Also about .23 <br />acres of disturbed land appears to be outside of the eastern permit boundary. <br />a. At the December 10th, 2008 Board Hearing, the operator was found to be in violation of C.R.S. <br />34-32.5-115 (4) (i) for failing to protect areas outside of the affected land from slides or <br />damages occurring during the mining operation and reclamation. The operator is in the process <br />of creating an amendment application and will be submitting to the division in the near future. <br />C.) Problem #2; Hydrologic Balance: It appears that ground water has been exposed in the pit <br />excavation, and the operation was not supposed to impact the sites ground water. <br />a. Based on conversations with the operator, this water was due to a swale that drained surface <br />water into the pit. According to the operator this problem has been corrected. During this site <br />inspection, water was still observed in the pit but the amount was substantially less (see Figures <br />1 below). If this water is indeed surface water it cannot be impounded for longer than 72 hours <br />without being allowed to percolate down into the ground or discharged from the pit. The <br />operator will need to obtain an approved storm water management plan with the Colorado <br />Department of Public Health and the Environment. The operator will need to submit evidence <br />to the Division of Reclamation Mining and Safety that the storm water management plan was <br />approved. This issue shall be addressed in the forthcoming amendment application. <br />2