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PERMIT #: M-1984-108 <br />INSPECTOR'S INITIALS: GRM <br />INSPECTION DATE: December 1, 2010 <br />The following inspection topics were identified as having Problems or Possible Violations. OPERATORS <br />SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE <br />WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a <br />Possible Violation is indicated, you will be notified separately as to when the Mined Land Reclamation <br />Board will consider possible enforcement action. <br />INSPECTION TOPIC: Availability Of Records <br />PROBLEM/POSSIBLE VIOLATION: Problem: Final approved substitute water plan has not been documented <br />CORRECTIVE ACTIONS: A substitute water supply plan was submitted to DWR for approval. DMRS does not have proof of final <br />approval. <br />CORRECTIVE ACTION DUE DATE: 12/13/10 <br />INSPECTION TOPIC: Financial Warranty <br />PROBLEM/POSSIBLE VIOLATION: Problem: The financial warranty is not adequate to reclaim the site in accordance with the <br />approved reclamation plan. This is a failure to maintain the proper financial warranty amount to complete reclamation of the affected <br />lands pursuant to C.R.S. 34-32.5-117(4)(b) of the Act <br />CORRECTIVE ACTIONS: The operator shall submit adequate financial warranty, as determined by the Division. The Division notes <br />exposure of groundwater without proper water rights which currently facilitate backfilling of the two created ponds. <br />CORRECTIVE ACTION DUE DATE: 12/13/10 <br />INSPECTION TOPIC: Hydrologic Balance <br />PROBLEM/POSSIBLE VIOLATION: Problem: The Division has no evidence that the operator has a valid well permit, substitute <br />water supply plan, or approved water augmentation plan for the exposed groundwater at the site. This is a problem related to 34-32.5- <br />116(4) (h) of the Colorado Revised Statutes and 3.1.6(1) (a) of the Construction Materials Rules and Regulations governing injury to <br />existing water rights. <br />CORRECTIVE ACTIONS: The operator shall demonstrate that the operation complies with the Office of the State Engineer, show <br />evidence that the operator is taking measures to bring the site into compliance with the SEO, or backfill the pits to at least two feet <br />above the groundwater surface by the corrective action date specified. <br />CORRECTIVE ACTION DUE DATE: 12/13/10 <br />INSPECTION TOPIC: Gen. Compliance With Mine Plan <br />PROBLEM/POSSIBLE VIOLATION: Problem: Failure to follow approved reclamation plan, or current reclamation plan needs to be <br />updated and clarified pursuant to C.R.S. 34-32.5-116 (1). The operator must follow approved reclamation plan or provide sufficient <br />information to describe or identify how the operator intends to conduct reclamation. <br />CORRECTIVE ACTIONS: The operator shall submit a technical revision, with the required $216.00 revision fee, to update and <br />clarify the current approved reclamation plan to reflect existing and proposed activities by the corrective action date. Specifically to <br />address the creation of the south pond and reclamation of it within the permit area. <br />CORRECTIVE ACTION DUE DATE: 2/07/11 <br />INSPECTION TOPIC: Reclamation Success <br />PROBLEM/POSSIBLE VIOLATION: Problem: There are state-listed noxious weeds present on site. This is a problem for failure to <br />employ weed control methods for state listed noxious weed species within the permitted area, and to reduce the spread of weeds to <br />nearby areas as required by section 3.1.10 (6) of the rule. <br />CORRECTIVE ACTIONS: Implement approved weed control plan and provide proof to the Division that this has been done in the <br />past. <br />CORRECTIVE ACTION DUE DATE: 2/07/11 <br />Page 2 of 7