2012-02-15_INSPECTION - M2000041

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This was a regular monitoring inspection conducted in order to check compliance of the operation with the requirements of the Act, Rules, and the conditions of the permit. The Operator, Fremont Paving & RediMix, Inc. was represented during the inspection by John Ary & Denise Gonzales. The Evans #2 Pit is located approximately 10 miles east of Pueblo, CO. The access road is 2 /3 mile east of the intersection of U.S. Hwy 50 and State Hwy 231. The site entrance is located off the access road about 2 miles southeast of State Hwy 50. Inspection: A permit sign was prominently displayed at the site entrance (see Photo 1). The site was active at the time of inspection, in that previously excavated material was being processed. Mr. Ary indicated no new material had been mined recently. The wash water drains to part of the open pit and is pumped to a settling pond prior to release (see Photo 2). Groundwater was exposed at the time of the inspection (see Photos 3 and 4). The southeast portion of the pit was being backfilled above static water level, and graded level for reclamation (see Photos 3 and 5). Topsoil stockpiles were observed near the north and south boundaries of the permit area. Mr. Ary indicated the topsoil stockpiles on the north were outside the permit boundary (see Photo 6), but that the land owner had requested the material be placed where it is. Mr. Ary indicated the south topsoil stockpile is within the permit boundary, but outside the affected (bonded) area (see Photo 7). Insufficient time was available to map these topsoil stockpile areas for a determination of their placement with respect to permit boundaries. The Division will schedule a follow -up inspection to map the stockpiles and assess the impact with respect to the permit. File Review Notes: • The total permitted area is 448 acres of which 80 acres may be affected area. • The approval of TR -02 increased the allowed disturbance of 15 acres to 50 acres. • The previous inspection was performed on 7/25/07. A problem was noted and subsequently resolved with the approval of SI -01: 1. The financial warranty was inadequate to cover the cost of reclamation. (Note: the affected area was increased to 80 acres.) • There is a $226,196 financial warranty (corporate surety) for the site. • Annual fees and reports are up to date through 2011. The 2011 annual report indicates new mining activity disturbed additional area over the reporting period and some reclamation had also taken place. • The post -mine land use is water storage for recreation. Current Stipulations: None. OBSERVATIONS PERMIT #: M- 2000 -041 INSPECTOR'S INITIALS: TC1 INSPECTION DATE: February 1, 2012 Recommendations: The Division recommends the Operator verify all appropriate boundary markers are in place prior to the aforementioned follow -up inspection. This will assist the Division in assessing the extent to which mining activity is occurring outside the appropriate boundaries. We will schedule the follow -up inspection within the next 60 days. Page 2 of 4