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PERMIT #: M- 2006 -010 <br />INSPECTOR'S INITIALS: JLE <br />INSPECTION DATE: June 1, 2011 <br />OBSERVATIONS <br />This was a follow -up inspection of the MSF /Feister Pit #1; DRMS File No. M- 2006 -010 operated by MS Forest, <br />LLC. This site is located approximately 23.3 miles west of Aguilar, Colorado in Las Animas County. I, Jared <br />Ebert of the Colorado Division of Reclamation, Mining and Safety conducted the inspection. Mr. Scott Canda <br />was aware of the inspection but chose not to attend. <br />This inspection was conducted to determine if the Operator had initiated past due corrective actions from the <br />February 9, 2011 Board Order. The Division conducted a monitoring inspection of the site on December 9th, <br />2010 and found the Operator had affected land outside permit and affected land boundaries. This is a 110c <br />operation with a 9.9 acre permit boundary. During the permitting process, the Operator committed to <br />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 <br />which is 2.3 acres more than currently approved. Topsoil was stockpiled around the excavated area in a 4 -6 <br />root tall berm. The majority of the disturbance outside of the permit /affected land boundary is a result of the <br />topsoil stockpiling operation. This issue was cited as a possible violation in the December 9, 2010 inspection <br />- eport. At this time, is appears the site configuration and disturbance has not changed and land is still <br />affected outside the approved boundary. <br />^.t the February 9, 2011 Board Meeting, the Operator was found in violation of C.R.S. 34- 32.5 -116 (4) (i) for <br />ailing to protect areas outside of the affected land from slides or damages. The Operator was required to <br />- omplete the following corrective actions: <br />A.) Submit and receive approval from the Division of a conversion application to increase the permit <br />acreage to encompass the current affected land. If this option is chosen, the conversion application <br />must be submitted by May 12, 2011 and in an approvable form by August 11, 2011. <br />B.) Reclaim the land affected outside of the permit boundary. The stockpiles located outside of the permit <br />boundary shall be placed inside the permit boundary. Additional reclamation of the land outside the <br />permit boundary shall be conducted in accordance with the current approved reclamation plan for the <br />MSF /Feister Pit #1 (M- 2006 -010). If this option is chosen, reclamation must commence by May 12, <br />2011 and all steps to complete reclamation must be completed by August 11, 2011. <br />C.) Transfer the permit to a different operator. The successor operator will then be required to complete <br />either option A or option B described above under the purview of the Division. If this option is chosen, <br />M S Forest, LLC. must submit and receive approval of an appropriate permit transfer application. The <br />application must be submitted by May 12, 2011 and in an approvable from by August 11, 2010. <br />t this time none of the corrective action options have been initiated or completed. Therefore it is evident the <br />- perator has failed to comply with a Board Order. This issue is cited as a possible violation at the beginning of <br />its report and will be scheduled for an Enforcement Hearing in front of the Colorado Mined Land Reclamation <br />oard. <br />Page 2 of 4 <br />