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PERMIT #: M- 2012 -013 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: May 15, 2013 <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). John Higgins of the Smithburg Family Partnership, LLLP was also present for the inspection. The <br />Higgins Pit II is located approximately 2.5 miles west of Genoa, Colorado. The permit boundary encompasses <br />86.02 acres and the post- mining land use is pastureland. <br />On March 3, 2013, the Division approved the transfer of the 112 Reclamation Permit from Blattner Energy, Inc. <br />to the Smithburg Family Partnership, LLLP. The successor Operator chose to maintain their right to a decision <br />within 30 days and submitted a replacement financial warranty in the amount of $192,000.00. The purpose of <br />this inspection was to determine if the financial warranty remains adequate to complete reclamation at the <br />site. <br />The permit sign was posted at the site entrance as required by Rule 3.1.12. The sign contains an outdated <br />permit number (M- 2012 -006); the sign will need to be updated with the current permit number (M- 2012 -013). <br />This has been cited as a problem and will require corrective action by the Operator; please see the first page <br />of this report for additional information. The boundary of the affected area was clearly delineated by wood <br />posts. The current Operator has not created any additional disturbance since assuming the Reclamation <br />Permit for the site. The total affected area is approximately 15 acres, out of which approximately 12 acres <br />have been reclaimed. The reclaimed area has been graded to 3H:1V or flatter and was seeded with the <br />approved seed mix. The Division observed some germination of the planted grasses. The area which has not <br />been reclaimed lies immediately to the west of the reclaimed area; a small product stockpile is located in the <br />un- reclaimed area. The Operator intends to continue mining the site from the current point of disturbance <br />towards the west. <br />The Higgins Pit II is situated at the top of a natural escarpment with a southerly aspect. Silt fences have been <br />placed on the slope below the affected area. The silt fences are in decent shape and are functioning properly. <br />The Operator will need to periodically inspect the silt fences and conduct maintenance to ensure the fences <br />continue to prevent sediment from leaving the affected areas. The topsoil which was stripped from the 3 acre <br />area has been stockpiled at the top of the slope, immediately above the affected area. As required by Rule <br />3.1.9(1), the topsoil shall be stabilized with a vegetative cover if it is not replaced during the current growing <br />season. The approved Mining Plan calls for seeding the stockpiles with the seed mix recommended by the <br />NRCS; a copy of the seed mix has been enclosed with this report. <br />Based on the observations made during this inspection, the financial warranty of $192,000.00 is sufficient to <br />complete reclamation of the site. The Division and the operator discussed different ways of the lowering the <br />financial warranty. Currently the site is bonded for maximum disturbance of the 86 acre permit area. The <br />Operator is unsure if the southern -most portion of the site will be mined. This area has not been affected to <br />date and may be removed from the permit area by submitting a request for an acreage reduction. In addition, <br />the Operator may revise the Mining and Reclamation Plan through a Technical Revision to establish a phased <br />mining and reclamation approach. By phasing the mining Operation, the Operator can limit the area which will <br />be disturbed at any given time and in turn limit the amount of financial warranty which will need to be posted. <br />This concluded the inspection. <br />Page 2 of 4 <br />