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(Page 2) <br />MINE ID # OR PROSPECTING ID #: txA-1980-?46- <br />INSPECTION DATE: n4/9R-In2 INSPECTORS INITIALS: -KAP <br />OBSERVATIONS <br />l . This inspection was conducted in response to the operator's self reporting that areas outside of the <br />permit boundary had been mined. Present at the inspection were Kate Pickford, DBMS, Rocky Hocker, <br />Hocker Construction, and Anthony Zellitti, landowner and permittee. Weather at the time of the <br />inspection was clear, calm, and approximately 45 degrees. <br />2. On April 24, 2009, Rocky Hocker contacted the Division to report he had just discovered that an area <br />outside of the existing permit boundary had erroneously been mined. During the inspection, Mr. Hocker <br />stated that the question of the location of the permit boundary had been brought up during <br />negotiations between the operator and the various landowners of some of the permitted property. As <br />a result of the question raised, Mr. Hocker investigated the existing permit boundary and learned that <br />markers that were installed in 1994 had been misinterpreted both by Hocker Construction and the <br />landowner, and permittee, as the permit boundary markers. During his investigation, Mr. Hocker learned <br />that the consultant who worked on the permitting for the site in the past had installed these markers to <br />indicate a future road, and not the permit boundary. This timeframe coincides with a conversion of this <br />permit from a 1 10 to a 1 12 that expanded the acreage. <br />3. As a result of the misunderstanding, approximately two acres of land outside of the north boundary of <br />the approved permit has been mined resulting in a bench and vertical highwalls approximately 25 feet <br />in height in the unpermitted area. The permittee submitted an amendment application for this site on <br />January 26, 2009, adding 24.1 acres to the currently permitted area, including the area that was mined <br />outside of the existing permit. <br />4. The situation of mining outside of the existing permit boundary will require an appearance before the <br />Mined Land Reclamation Board. A separate notice regarding the possible violation will be sent to the <br />permitee, scheduling this hearing. <br />I & E Contact Address Cc: ? CE <br /> ? BL <br />NAME: Roy Hocker ? FS <br />OPERATOR: Hock r onstuc-tion ? HW <br /> ? HMWMD (CH) <br />STREET: 4167 C'ni inty Rd '191 ? SE <br /> <br />CITY/STATE/ZIP: Ignnnin C'C) f31137 ? WQCD (CH) <br /> ? Other