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OBSERVATIONS <br />PERMIT #: M -1980 -249 <br />INSPECTOR'S INITIALS: BMK <br />INSPECTION DATE: October 28, 2011 <br />1) The Division conducted a monitoring inspection of the site as part of sites to be inspected during the fiscal years <br />2011 -2012. <br />2) The site is a three acre sand and gravel operation located approximately 10 miles west of Colorado Springs in <br />Green Mountain Falls. Present during the inspection was Mr. Curt Houchin the operator. The site was not active <br />at the time of the inspection. However fresh signs of removal of material from already screened stockpiled <br />material was noted along the south side of the main pit area. There is an already released 111 permit located <br />along the west side of this permit. A couple of tractor trailer and a front end loader were also observed parked <br />along the south side of the permit area. <br />3) The permit sign and boundary markers were properly posted. <br />4) On August 24, 2005, when the Division approved Technical Revisions # 1 and allowed the operator to change the <br />final slope high wall configuration from 3:1 to high wall and benches, the following stipulation was placed on the <br />approval. 1) "Final bench and high wall designs will be submitted as a technical revision along with <br />documentation supporting geotechnical observations. The design must be approved by DRMS 9 Division of <br />Reclamation Mining and Safety) (DMG at that time) prior to top soiling and re- vegetation operations on the <br />bends." Prior to final configuration of the pit slopes, the operator will need to submit the revision. <br />5) The existing pit slopes were stable with minor rills as expected with such a weathered rock. All the drainage <br />from the pits is captured within the pit floors. <br />6) During the last inspection the Division had notified the operator to submit a notarized agreement between the <br />operator and the person (s) having an interest in the structures, that the operator provide a compensation <br />agreement for any damage to structures within 200 feet in accordance with Rule 6.4.19 (a) for the power pole <br />and the phone line along the north east side of the permit and affected area. To date, the Division has not <br />received the agreement. Even though the issue was not cited as a possible problem in past inspection reports, <br />the operator had committed to provide the agreement as requested. The Division will provide the operator 60 <br />days to submit the required agreement with the owners of these two manmade structures. According to Mr. <br />Huchins, both the power company and telephone company are aware of the current mining plan and have no <br />problem with the mining operation being that close to their structures. Be that as it may, a written notarized <br />statement is required in accordance with the Rule in lieu of an engineering study. <br />7) Because the Division approved the final reclamation plan to reflect the adjacent released 111 permit with high <br />walls and benches and only the bench area to be reclaimed, the current warranty in the amount of $3,500.00 is <br />deemed adequate. Once the technical revision is submitted the Division might adjust the warranty at that time. <br />8) The operation is in compliance with the approved e reclamation plan with the exception of providing a <br />compensation agreement for the structures within 200 feet of the site. <br />Page 2 of 4 <br />