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�p C0� COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />„ o MINERALS PROGRAM INSPECTION REPORT <br />PHONE: (303) 866 -3567 <br />* 1876 <br />The Division of Reclamation, Mining and Safety has conducted an inspection of the mining operation <br />noted below. This report documents observations concerning compliance with the terms of the permit <br />and applicable rules and regulations of the Mined Land Reclamation Board. <br />MINE NAME: <br />MINE/PROSPECTING ID #: <br />MINERAL: <br />COUNTY: <br />Timnath Pit <br />M -1989 -056 <br />Sand and gravel <br />Larimer <br />INSPECTION TYPE: <br />INSPECTOR(S): <br />INSP. DATE: <br />INSP. TIME: <br />Monitoring <br />Michael A. Cunningham <br />September 27, 2012 <br />09:00 <br />OPERATOR: <br />OPERATOR REPRESENTATIVE: <br />TYPE OF OPERATION: <br />Don Kehn Construction, Inc. <br />Dan Kelm <br />I 112c -Construction Regular Operation <br />REASON FOR INSPECTION: <br />BOND CALCULATION TYPE: <br />BOND AMOUNT: <br />Normal I &E Program <br />Complete Bond <br />$207,700.50 <br />DATE OF COMPLAINT: <br />POST INSP. CONTACTS: <br />JOINT INSP. AGENCY: <br />NA <br />None <br />None <br />WEATHER:. <br />I EC OR'S SIGNATURE: <br />SIGNATURE DATE: <br />Clear <br />November 1, 2012 <br />The followinp, inspection topics were identified as having Problems or Possible Violations. OPERATORS <br />SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE <br />WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a <br />Possible Violation is indicated, you will be notified under separate cover as to when the Mined Land <br />Reclamation Board will consider possible enforcement action. <br />INSPECTION TOPIC: Hydrologic Balance <br />PROBLEM /POSSIBLE VIOLATION: Problem: The Operator has not provided the Division with groundwater <br />monitoring data on an annual basis as required by the approved groundwater monitoring plan. This is <br />considered to be a problem pursuant to C.R.S. 34- 32.5- 116(4)(h). <br />CORRECTIVE ACTIONS: The Operator shall provide the Division with any past groundwater monitoring data <br />which is available by the corrective action date. <br />CORRECTIVE ACTION DUE DATE: 1/01/13 <br />INSPECTION TOPIC: Hydrologic Balance <br />PROBLEM /POSSIBLE VIOLATION: Problem: The Division has no evidence that the operator has a valid well <br />permit, substitute water supply plan, or approved water augmentation plan for the exposed groundwater at the <br />site. This is a problem related to 34- 32.5- 116(4)(h) of the Colorado Revised Statutes and 3.1.6(1)(a) of the <br />Construction Materials Rules and Regulations governing injury to existing water rights. <br />CORRECTIVE ACTIONS: The operator shall demonstrate that the operation is in compliance with the Office of <br />the State Engineer, show evidence that the operator is taking measures to bring the site into compliance with <br />the SEO, or backfill the pits to at least two feet above the groundwater surface by the corrective action date <br />specified. <br />CORRECTIVE ACTION DUE DATE: 1/01/13 <br />INSPECTION TOPIC: Reclamation Success <br />PROBLEM /POSSIBLE VIOLATION: Problem: The Operator is lining the pit with shale, which is not currently a pa <br />Page 1 of 5 <br />