2011-06-13_INSPECTION - M1976051

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PERMIT #: M-1976-051 INSPECTOR'S INITIALS: DMC INSPECTION DATE: May 11, 2011 OBSERVATIONS This pre-operation inspection was conducted in response to the Amendment application (AM5) submitted by the Operator on December 27, 2010. Approval of AM5 would add 22.4 acres to the affected area, for a total of 87.5 permitted acres. Fred Duckels and Bruce Humphries, representing the Operator, were present during this inspection. Photographs are included at the end of this report in order to illustrate some of the conditions observed during this inspection. The site is located approximately six miles west of Steamboat Springs and accessed from Highway 40. An adequate mine identification sign was noted at the entrance to the property. Mining and reclamation at the site have progressed in a northerly direction. Most of the permitted area, excluding the active cut of approximately 3.4 acres has been reclaimed to rangeland. Mining of the proposed expansion area will progress in a northeasterly direction. The active pit had been excavated to a depth of approximately thirty-five feet. Approximately 10-15 feet of overburden overlies approximately 10-15 feet of gravel in this area. The gravel overlies a black shale bedrock. During mining, the lower 6-12 inches of gravel is left in-situ, according to the Operator. The area had received a significant amount of rainfall prior to this inspection. Some water was observed on the pit floor, but was not observed seeping through the highwall. This water appeared to be from the recent snowmelt and rainfall events. A ditch located along the base of the highwall directs water on the pit floor to the southwest corner of the pit. A pump was located in the southwest corner of the pit, but did not run during this inspection. The Operator stated that, when necessary, stormwater/snowmelt captured in the pit is pumped into a settling pond located just south of the pit. The settling pond did contain water during this inspection, up to a depth of approximately one foot. The proposed expansion area lies adjacent to the north side of the active cut. If AM5 is approved, mining and reclamation will progress northeasterly from this point. This area consists of gently rolling terrain covered by sage brush and grasses/forbs. A Swale exists along the north side of the proposed expansion area that drains to the southwest. Water in this swale was no more than six inches deep during this inspection. Observations regarding Harry Brown's well During the initial comment period, the Division received a formal objection to the Operator's Amendment application from an adjacent landowner, Harry Brown. The complainant believed that mining and reclamation operations at the site had affected the flow of water to his property. The complainant's property lies directly west of the Bettger Pit site, approximately 250 feet west of the affected area boundary, and approximately 750 feet southwest from the southwest corner of the proposed expansion area. It was determined that the problematic well on Mr. Brown's property was hand dug at some time around 1915 by a former landowner. This well was located just north of the Brown's home. The ground elevation at this location is approximately 6,728 feet above sea level. The water level observed in this well during this inspection was approximately five feet below the top of the well. The well is approximately twenty feet deep. A geologic completion log for this well is not available. Page 2 of 3