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OBSERVATIONS <br />PERMIT #: M- 2008 -017 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: January 31, 2013 <br />The Derr Pit was inspected by Peter Hays and Tyler O'Donnell with the Division of Reclamation, Mining and <br />Safety (Division /DRMS) as part of the Division's monitoring inspection program. The site was previously <br />inspected by the Division on July 30, 2008 and November 3, 2008 for Pre - Operational and possible illegal <br />mining inspections respectively. Mr. Doug Derr with Broken Arrow Investments, LLC was present during the <br />inspection. <br />Complete Inspection: <br />The Derr Pit is approved for a 39.19 acre permit boundary with 31.86 acres of total disturbance. Currently <br />21.70 acres of disturbance is allowed due to the phased bonding approach for the site. The site appeared in <br />general compliance with the approved mining plan. The last annual report submitted by the Operator <br />accurately depicted the current disturbance and activity at the site. Mr. Derr stated the Kerr well located in <br />the center of the site will be removed. The Operator must updated the mining and reclamation plans by <br />submitting a technical revision, per Rule 1.9, prior any future release request considerations by the Division. <br />The site was activity removing and hauling previously imported material from south of the entrance. The <br />current mining activity consists of an "L" shaped excavation, which started in the southwest corner of the site <br />and proceeded counter - clockwise. A processing plant and stockpiled material was observed in the northeast <br />corner of the mining area. The excavation was approximately six (6) feet deep and portions of the excavation <br />floor were damp with storm water from the recent snowfall. Stockpiles of recycled asphalt and concrete were <br />observed and the Operator was reminded of the requirement to either remove the stockpiles from the site or <br />comply with the requirement of Rule 3.1.5(9) if the material will be used as structural backfill at the site, which <br />is not planned currently. <br />Mr. Derr stated Broken Arrow was close to an agreement to contract mine the Loloff Pit located immediately <br />west of the Derr Pit across Balsam Avenue. <br />Financial Warranty: <br />The Derr Pit mining application contains a stipulation requiring the Operator to request in writing to the <br />Division that the financial warranty be increased prior to opening additional phases. The Division currently <br />holds a financial warranty in the amount of $86,233.00, which allows for mining disturbance in Phases 1A and <br />1B. Mr. Derr stated mining will continue into Phase 1C soon and that he was aware of the additional financial <br />warranty requirement, per Technical Revision No. 1, prior to disturbing the phase. <br />Hydrologic Balance: <br />The site is dewatered and dry mined. The dewatering pond and pump were located in the southeast corner of <br />the mining area. A well permit and substitute water supply plan for the dry mining activity, evaporative and <br />operational losses have been approved by the Division of Water Resources. Mr. Derr stated Slurry Systems <br />was meeting with the Operator on February 5, 2013 to discuss the feasibility of using their slurry wall <br />installation process at the site. The Derr Pit, the adjacent Loloff Pit and the E. 8 Avenue Pit located to the <br />south are being considered by Central Weld County Water District as locations water storage facilities. Any <br />changes to the mining and reclamation plans for this site or the other sites must be addressed by either the <br />technical revision or amendment process through the Division. Mr. Derr stated J.C. York with JT Consulting <br />was working on the changes for the Derr and Loloff sites. <br />Page 2 of 5 <br />