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Page 12 <br />The siltation controls installed in and at the base of the fill near the pond at the time of the inspection were <br />unmaintained and ineffective. Wildcat Mining has been directed to address this issue in the DRMS Second <br />Adequacy Review letter for Amendment AM-01 dated May 18, 2009. <br />The fill slopes are extremely steep; native timber has been used in an effort to retain the fill. Steel cable has <br />been installed among and throughout the timber post and beam installations. In places, the timbers have <br />been notched, interlaced, and driven through with steel spikes. On the fill slope above the pond, several of <br />the formerly upright posts are listing in excess of 20 degrees from vertical, and the notched beams are <br />detached and have moved downslope. All of the steel cables that were checked were loose. <br />The road was at the time of the inspection was functional and passable. The cribbed fill crossing the gulch <br />was holding. The culvert was partly obstructed on the inlet end by rocks and dirt falling down the steep <br />sided gulch, but was passing the small amount of flowing water in the gulch. There was no trash rack on the <br />culvert. The cut slope from the culvert location on up to the transition to the sand and gravel deposits <br />described previously is in bedrock and is stable. <br />Berming had been installed on the outside of the road. There was no ditching on the inside of the road. No <br />road surfacing materials had been installed. <br />The DRMS surveyed the road from County Road .124 to the La Plata River bridge using a Trimble Geo XT <br />global positioning system device. The data obtained show the overall grade of the steep reach of the road <br />(approximately 2+00 to 4+80) is approximately 12 percent. There are short sections of the road (100 to 150 <br />feet in length) that are up to 18 percent grade. <br />At the conclusion of the inspection, Tom Baca arrived at the site and identified himself as a contractor to <br />Wildcat Mining and one of the men that had constructed the road. Mr. Baca answered a number of questions <br />relating to the construction of the road, but was unclear about the number, location, and cabling of buried <br />timber posts embedded in the fill. He stated that the one prominent post in the fill above the pond that <br />extends about 14 feet above surface and is severely listing, extends an equal 14 feet below grade. Mr. Baca <br />stated that considerable effort was used to compact fill during construction and expressed full confidence in <br />the stability of the road as constructed. <br />Permit Application File Review <br />Plans and details for the road were provided with the amendment AM-01 application received by DRMS on <br />April 8, 2009. The DRMS understands that these drawings were based on surface observations and <br />measurements made after the road was constructed and descriptions of construction provided to the drafter of <br />the drawings by the people who built the road, and that the road was not built using pre-prepared plans. If <br />this is not the case, Wildcat Mining must provide clarification. The drawings provided are small copies that <br />are blurred and partly illegible. Full size, sharp copies of some of the drawings were obtained by DRMS <br />from La Plata County, which benefited DRMS review. However, the DBMS still needs a legible copy of the <br />drawing labeled 3 of 3, Detail Plan. The drawings are a combination of as-built information and illustration <br />of additional work needed on the road. Particularly, the drawings show grades no steeper than 12 percent, <br />show a bar ditch along the roads interior, and show road surfacing; as discussed previously, none of these <br />have been constructed.