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OBSERVATIONS <br />5) The permit sign was posted at the access to the property. <br />PERMIT #: M -1976- 009 -HR <br />INSPECTOR'S INITIALS: BMK <br />INSPECTION DATE: June 15, 2011 <br />1) The Division conducted a citizen's complaint inspection of the site on June 15, 2011.The site is a 112- granite quarry located <br />approximately 17 miles South West of Colorado Springs. The site was active at the time of the inspection. <br />2) In the complaint letter dated May 31, 2011, the citizen stated that rock fall from the quarry operation had slid down to <br />within 15 feet of the access road to his property and inside the drainage channel of Turkey Creek. Even though the permit <br />boundary includes the Turkey Creek Drainage, it is outside of the area to be affected during the mining and reclamation <br />activities for the site. <br />3) Present during the inspection were Mr. Scott Davis and Mr. Glen Chavez of Schmidt Construction and Mr. Mark Heifner the <br />operator's consultant. As reported in the complaint letter, the Division observed rockslide outside of the approved affected <br />area boundary and within the Turkey Creek drainage channel. The total rock fall outside of the permitted affected area and <br />Turkey Creek drainage was measured to be at approximately 8,800 square feet. <br />4) The Division considers the rockslide outside of the affected area boundary to be a possible violation to permit # M -1976- <br />009HR. A reason to Believe a Violation Exists letter was sent to the operator on July 8, 2011, for the matter to be heard <br />before the Mined Land Reclamation Board, during the August 10 -11 hearing dates. The Division believes the operator to be <br />in possible violations of 34- 32.5- 116(4)(h) (i) of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials. 34- 32.5- 116(h) requires the operator to minimize disturbance of the prevailing hydrologic balance of the affected <br />land and of the surrounding area and to the quality and quantity of water in surface and ground water systems, both during <br />and after mining operation and during reclamation. 34- 42- 116(4)(i) requires the operator to protect areas outside of the <br />affected land from slides or damage from occurring during the mining and reclamation operations. <br />Page 2 of 4 <br />