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OBSERVATIONS <br />PERMIT #: M- 2011 -039 <br />INSPECTOR'S INITIALS: JLE <br />INSPECTION DATE: July 26, 2011 <br />This was an inspection of a possible illegal mining operation being conducted on a site approximately 1.6 miles <br />west of Rye, Colorado in Pueblo County. The entrance of the mine site is on an un- marked road just west of <br />Rye Mountain Park. This inspection was conducted as a result of an anonymous citizen complaint. The <br />company operating the site is Colorado Moss Rock, Inc. owned by Kim Barickman. I, Jared Ebert of the <br />Colorado Division of Reclamation, Mining and Safety conducted the inspection. Mr. Kim Barickman of <br />Colorado Moss Rock, Inc., Don Banner (Attorney for Mr. Barickman) and Jason Chambers of Pueblo County <br />accompanied the Division on the inspection. <br />The site consists of a .6 acre storage yard at the main entrance to the site where rock is stored on pallets and <br />individually. From the storage yard a main road has been constructed that travels west to where Mr. <br />Barickman intends to build a home. The home site consists of a small boulder field. Along the main road <br />several other roads /trails have been developed as branches to the main road. Approximately 3811 feet of <br />roads /trails have been constructed. The Division measured the area of the rock storage yard, the length of the <br />roads /trails and the approximate location of the proposed home site using a Trimble GeoXT GPS unit. A map <br />of the Division's findings is enclosed with this report. The site is located within a dense conifer forest. Trees <br />and other vegetation have been cleared and removed to access the rock. At the storage yard, the vegetation <br />and soils have been disturbed and compacted. The materials excavated are various sized rocks and boulders. <br />As the roads /trails are constructed, and the proposed home site is cleared, the rocks are collected and placed <br />on pallets, taken to the storage yard and sold. The road /trail construction and rock excavation is conducted <br />using a loader and excavator. Both pieces of equipment were observed on site. <br />The rock excavated at this site is considered a construction material as defined by C.R.S. 34- 32.5 -103 (3). The <br />excavation /storage operation is considered a Mining Operation as defined by C.R.S 34- 32.5 -103 (13). At this <br />time, a valid reclamation permit has not been issued for this site in accordance with C.R.S. 34- 32.5 -109 (1). <br />This issue is cited as a possible violation at the beginning of this report and will required an Enforcement <br />Hearing in front of the Colorado Mined Land Reclamation Board during the September 14 and 15, 2011 Board <br />Meeting. A separate notice letter in regards to the Enforcement Hearing will be sent to the Operator. <br />Page 2 of 5 <br />