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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-1977-91 1 <br />INSPECTION DATE: A./1742 <br />INSPECTORS INITIALS: RK <br />OBSERVATIONS <br />The Division conducted a monitoring inspection of the site to verify the installation <br />of the subsidence monitor and also look at the recent subsidence that took place in <br />the area. After the subsidence that occurred on site in December 2008. After the <br />surface failure was reported to the Division, and a site visit was conducted by <br />numerous state and federal agencies, DBMS required the operator to provide a <br />monitoring for this failure surface area as part of the remedial actions. <br />The Division also brought the matter before the mined land reclamation board during <br />the May 13-14 hearing dates and the Board found the operator in violation of not <br />complying with the approved reclamation plan and for failure to abide with a permit <br />condition when Amendment # 2 was approved. <br />With Mac Schafer and Andre Laroche, drove to the top of the failure surface along the <br />access road and observed an additional 5-6 feet vertical displacement as predicted by <br />all, due to the excess moisture the area received during the months of June and July. <br />Mr. Shafer stated that because of the complexity of placing the prisms, the permanent <br />station has not been in place. He was reminded that when the Division went before the <br />Board we assured them that the operator was in compliance and DRMS, cited problems and <br />compliance requirements as noted in the inspection report. <br />Mac assured the Division that the virtual monitor should be in place no later than <br />September 15, 2009. At the time of the inspection the structure that will house the <br />permanent monitor was being constructed utilizing cinder blocks. The only activity on <br />site was some earth moving along the lay back area to construct an access road that <br />was approved but never constructed. Operation has in place a Board issued cease and <br />desist order <br />I & E Contact Address <br />NAME: MAC SHAFER VP <br />OPERATOR: CONTINENATL MATERIALS <br />STREET: 444 OSTII I A AVE <br />CITY/STATE/ZIP: C-01 QRADQ SPRINGS CO 80803 <br />cc: F CE <br />F BL <br />t FS, <br />t HW <br />F HMWMD (CH) <br />F <br />F SE <br />F WQCD (CH) <br />t OTHER