2009-10-16_INSPECTION - M2002052

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(Page 2) MINE ID # OR PROSPECTING ID #: _ M-9nn9-1,52 INSPECTION DATE: 10/1/02 INSPECTOR=S INITIALS: MAC OBSERVATIONS The inspection was conducted by Michael Cunningham of the Colorado Division of Reclamation, Mining and Safety (Division). Bob Condon of Western Equipment & Truck, Inc. was also present for the inspection. The Two Rivers Rock site is located approximately 0.5 miles north of Milliken, Colorado near the confluence of the Big Thompson and Little Thompson Rivers. The Two Rivers Rock site is permitted for 48.5 acres. The inspection was conducted in response to a citizen complaint received by the Division on September 4, 2009. The complaint letter stated that material was being hauled from the Two River Rock site using a different haul route than what was approved in the Mining Plan. According to the complaint letter, the haul route that was being utilized was recently constructed by the Operator. In addition, the complaint letter stated that dirt from the mine site was being stockpiled outside of the permit boundary. Western Equipment & Truck, Inc. owns the property immediately to the north of the mine site. The Operator is currently utilizing an existing access road on the north side of the mine site. The access road crosses the Big Thompson River and continues north for 1 mile through the property owned by Western Equipment & Truck, Inc. before turning west and connecting to Highway 257. The Operator specified that this was a potential haul route that would be utilized under Exhibit A of the approved permit. Rule 6.3.3(g) states that new and improved roads must be included as part of the permitted acreage. Since the haul route that is being utilized is preexisting, it is not a part of the permitted acreage and is therefore outside of the jurisdiction of the Division. Mining related traffic outside of the permitted area falls under the jurisdiction of the Town of Milliken and the Colorado Department of Transportation. The complainant stated that a portion of the haul route may have been recently constructed. This particular section of the haul route is located approximately 1 mile north of the mine site on property owned by Western Equipment & Truck, Inc. According to Mr. Condon, this section of the access route has been in existence for many years and was recently improved to allow the haul trucks to bypass Highway 257 and connect directly to County Road 52. As of the time of the inspection, this section of the haul route is no longer being used. This section of the haul road is on private property and is not the primary means of transporting material from the mine site; therefore, the construction or improvement of this portion of the haul road is not within the jurisdiction of the Division. The material that is being stored on the property north of the mine site is overburden. The Operator specified in the Mining Plan of the approved permit that the majority of the overburden will be used for fill purposes on adjacent properties owned by Western Equipment & Truck, Inc. The Construction Materials Rules and Regulations do not prohibit the Operator from removing overburden from the mine site. All of the activities described in the complaint letter are within the terms of the approved permit and the Construction Materials Rules and Regulations. No problems or violations were noted during the inspection. I & E Contact Address NAME: Craig Sparrow OPERATOR: Western Truck & Equipment Inc STREET: 9055 1 st Ave. CITY/STATE/ZIP: Greeley- C'n 80631