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OBSERVATIONS <br />PERMIT #: M- 1995 -030 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: February 27, 2012 <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Ron Weingardt of McAtee Construction Co. was also present for the inspection. The Green Bros. Pit <br />No. 2 is located in Morgan County, approximately 1 mile north of Fort Morgan, Colorado. The mine is <br />permitted for 9.9 acres and the post- mining land use is rangeland. <br />Gen. Compliance With Mine Plan: <br />The Operator has commenced mining in Phase 4; no mining was occurring at the time of the inspection. <br />According to the Operator, the site has not been active in the past 180 days; however, material has been <br />removed from the product stockpiles. The pit was traversed with a Trimble GeoXT GPS unit and was found to <br />be 4.1 acres in size. The site is being wet -mined with a dragline; no equipment was present at the site. The <br />exact depth of the excavation is unknown; however, it is estimated the depth is between 15' and 20'. <br />Off -site Damage: <br />During the inspection, the Division observed product stockpiles to the west of the current pit excavation. The <br />product stockpiles are located outside of the permit boundary. In addition, the Operator has constructed a <br />scale house and scale on the south side of the product stockpiles. The product stockpile area was traversed <br />with a Trimble GeoXT GPS unit and the disturbed area was found to be 3.51 acres in size. Based on the findings <br />of this inspection, the Division has reason to believe the Operator is in violation of C.R.S. 34- 32.5- 109(1) for <br />failure to first obtain from the board or office a reclamation permit prior to engaging in a new operation. The <br />possible violation will be scheduled for the April 11 -12, 2012 Mined Land Reclamation Board Hearing. Notice <br />of such hearing will be sent under separate cover. <br />Signs and Markers: <br />The permit sign was posted at the site entrance and the boundary of the affected area was clearly delineated <br />per the requirements of Rule 3.1.12. <br />Topsoil: <br />The operator has stockpiled topsoil along the southern edge of the permit area. The topsoil stockpile is stable <br />and did not show any signs of erosion. <br />Financial Warranty: <br />The Division currently holds a financial warranty in the amount of $7,624. The financial warranty amount was <br />set in 2008 when the Reclamation Permit transferred from Green Bros. Inc. to McAtee Construction Company. <br />The financial warranty calculation did not account for reclaiming the 4.1 acre disturbance associated with the <br />product stockpile area. As required by Rule 4.2.1(1), all financial warranties shall be set and maintained at a <br />level which reflects the actual current cost of fulfilling the requirements of the Reclamation Plan. The financial <br />warranty will be recalculated to reflect the actual current cost of completing reclamation. Notice of changes to <br />the financial warranty amount will be sent under separate cover. <br />Page 2 of 5 <br />