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MINE ID # OR PROSPECTING ID #: M-9nn9-054 <br />INSPECTION DATE: 1Or fr)her 9QQ2 INSPECTOR=S INITIALS: 11F <br />OBSERVATIONS <br />This was a pre-operation inspection of the Proctor Pit; DRMS file# M-2009-054, operated by All-Rite Paving <br />and Redi-Mix, Inc. This site is located approximately four miles south of the town of Rocky Ford, Colorado in <br />Otero County. I, Jared Ebert of the Colorado Division of Reclamation, Mining and Safety conducted the <br />inspection. No one from the operation was able to accompany me on the inspection. <br />This site is actively being mined under a 30 acre 111 (c) permit (M-2004-055). It is the operators desire to <br />expand the permit area by about 21 acres to the south of the current approved permit boundary. In order to <br />do this, the operator has submitted a 112 (c) application for 51 acres. <br />The proper permit application notice sign was in place at the entrance of the mine site. The new proposed <br />permit boundary was marked with metal T posts. The proposed permit boundary and Affected Land was <br />measured and mapped with a Trimble GPS unit. A map was generated based off the Division's findings and is <br />attached with this report, the boundary markers are labeled as a reference. It does not appear the boundary <br />markers are placed in the correct location. One noticeable error was the north east corner marker, boundary <br />maker # 6. According to the mining plan map submitted with the 112 permit application, the north east <br />corner marker should be located east of the access road. This is not the case, the north east corner markers is <br />placed on the west side of the access road. Also, it appears the proposed permit boundary does not <br />encompass the entire Affected Land. A small portion of the Affected Land is outside of the eastern boundary <br />line. This issue is cited as a problem at the end of this report and will require corrective actions taken by the <br />operator. <br />According to the pre-mining plan map submitted with the 112 (c) permit application, there are several <br />permanent man-made structures located near the permit area. A three strand barbed wire fence is displayed <br />on the map near the south east corner of the permit boundary. However the fence continues east paralleling <br />the southern boundary which is not indicated on the map. The fence is located about 30 feet away from the <br />south west boundary marker (B.M. #4) and is likely within 200 feet of the proposed Affected Land. Given this, <br />the Exhibit C map will need to be updated with the correct location of the fence and the owner of this <br />structure will need to be labeled on the map. Also, the operator will need to submit a structure damage re- <br />imbursement agreement for Exhibit S in accordance with Rule 6.4.19. A separate letter will be sent to the <br />operator in the form of an adequacy review for the application in regards to this issue. <br />The mining operation was previously inspected on December 16th, 2008. At the time of that inspection, two <br />problems were cited. The first was the permit boundary markers were not in place. The second was that the <br />operator was not following the current approved mining and reclamation plan in regards to the method of <br />mining and the procedure for topsoil salvaging and stockpiling. The operator was required to submit a <br />technical revision to address this problem. However, the amendment application addresses the issue cited in <br />the December inspection report. <br />The affected area was found to have increased from the December, 2008 inspection. In December, the <br />affected area was measured to be about 13.38 acres, currently, about 16.20 acres of disturbance was found. <br />As cited in the December inspection report and in the 112 permit application, the operator will need to import <br />2