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PERMIT #: M-2006-010 <br />INSPECTOR'S INITIALS: JLE <br />INSPECTION DATE: December 9, 2010 <br />OBSERVATIONS <br />This was a monitoring inspection of the MSF/Feister Pit #1; DRMS file No. M-2006-010; operated by M S Forest, LLC. <br />On November 9, 2010, the Colorado Division of Reclamation, Mining and Safety (Division) received a complaint letter <br />from an adjacent landowner, Mrs. Freida Schneider in regards to possible offsite damages resulting from the mine <br />operation. This site is located 23.3 miles west of Aguilar, Colorado in Las Animas County. I, Jared Ebert of the Colorado <br />Division of Reclamation Mining and Safety conducted the inspection. Mr. Phil Dorenkamp of Las Animas County <br />accompanied the Division on the inspection. Scott Canda, of M S Forest was aware of the inspection but did not attend. <br />This is a 9.9 acre 110c mining operation for sand, gravel and borrow material. The required mine entrance sign was <br />missing and the northwest boundary marker was not found. The affected land was surveyed using a Trimble GeoXT GPS <br />unit. A map of the Division's findings is enclosed with this report. During the permitting process, the Operator <br />committed to maintaining a 15 foot undisturbed setback from the permit boundary. Given this, the Operator was only <br />approved to affect 9.1 acres of the site. The affected land was measured to be approximately 11.4 acres which is 2.3 acres <br />more than currently approved. It appears the entire mine site was stripped of topsoil, which was stockpiled around the <br />excavation in a 4-6 foot tall berm. The topsoil was stabilized with thick vegetative cover. The majority of the disturbance <br />outside of the permit boundary is a result of the topsoil stockpiling operation. Two piles of overburden are located along <br />the northern permit boundary. Mining began at the southeast corner of the site and advanced to the north and west. <br />About half of the permit area appears to have been excavated. An 835 foot long highwall with a near vertical slope exists <br />at the site. According to the current approved mining plan, the highwall was only approved to be 400 feet long at any <br />given time and sloped to a 3:1 after a given mining session. A stockpile of mined material is located at the base of the pit <br />excavation along the western side of the site. <br />As stated above, the Division received a complaint letter from an adjacent landowner, Mrs. Schneider. Mrs. Schneider <br />and her son met Mr. Dorenkamp and I on their property to discuss the inspection. The complaint letter indicated sediment <br />from the mining operation and access road had caused damage to a pond on their property. The mine site is accessed from <br />a private dirt road that continues west where County Road 21.1 dead ends. The pit is located on top of a ridge .4 miles <br />straight northwest of the pond. As one drives west from where county road 21.1 dead ends, the road continues into the <br />Mrs. Schneider's property and eventually the mine site. The access road forks about .5 miles east of the mine site. If one <br />turns right at the fork, this road continues to the top of the ridge where the mine site is located. If one turns left, this road <br />stays on the valley floor directly above the pond and the small stream feeding the pond. This road continues west into the <br />gas well according the Mrs. Schneider. <br />The pond area was inspected to determine the source of the sedimentation. The pond was frozen over during the <br />inspection. According to Mrs. Schneider's son, since the pond was frozen it was hard to see the sedimentation that has <br />occurred. The road just above the pond was installed a few years ago in order to construct a gas well. During <br />construction of the road, a substantial cut into the hill side was made. This cut was not stabilized and signs of erosion <br />were noticeable. A small ditch was constructed on the north side of the road, this ditch was filled with sediment from the <br />road and the cut made into the side of the hill. Several culverts were constructed along the road that directs surface water <br />flow and sediment under the road into the valley where the stream and the pond are located. It appears this road and the <br />sediment caused by its construction and use is the primary source of sediment in Mrs. Schneider's pond. <br />Based on the Operator's annual reports, it appears very little activity has occurred at the site since 2008. The site slopes <br />gently to the southeast. The sediment generated from the mining site collects into a small basin at the southeast corner of <br />the affected land. A small trench has been constructed at this corner to direct storm water and sediment off the site. A <br />small amount of sediment has traveled off the site to the haul road. As stated above, this mine site is about .4 miles away <br />on a ridge above the pond. Between the mine site and the pond, the slope is steep but heavily vegetated with native <br />grasses, shrubs and trees. Several natural drainages are located along this ridge as part of the watershed that feeds the <br />stream and pond. Several of these drainages were walked and very little signs of sedimentation were observed. While <br />some sediment was observed outside of the permit boundary specifically at the southeast corner of the affected land, it <br />does not appear to be a significant source of sedimentation for Mrs. Schneider's pond. The sedimentation of Mrs. <br />Schneider's pond caused by the road leading to the gas well appears to significantly outweigh the sedimentation caused by <br />the mining activity if any, is contributing at all. <br />Page 2 of 7