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PERMIT #: M -1995 -007 <br />INSPECTOR'S INITIALS: TOD <br />INSPECTION DATE: February 7, 2013 <br />OBSERVATIONS <br />This was a monitoring inspection conducted by Tyler O'Donnell of the Division of Reclamation, Mining and Safety <br />(Division). There was no representative for mine operator present during the inspection, although attempts were made <br />to contact the operator. The Thomeczek Pit is located approximately 1 mile west and a 1/2 mile north of Las Animas, <br />Colorado. The Thomeczek Pit is permitted as a sand and gravel pit. <br />The sky was clear and the ground was dry, with the exception of the exposed groundwater. No mining equipment was <br />operating or present at the time of the inspection. The last annual report indicates the site has not been operational <br />since 2008. Based on observations made during the inspection, the Division believes the operator has resolved the <br />issues regarding the boat dock and the hunting blind which were cited as a problem in the February 22, 2012 inspection <br />report. <br />The operator has notified the Division that he no longer has a legal right to enter the site (phone call February 22, 2013 <br />and most recent annual report). The operator is responsible for maintaining the legal right to enter for completing the <br />reclamation plan, in accordance with Rule 6.3.7. Loss of legal right to enter is not a valid reason for allowing a pit to sit <br />idle or un- reclaimed. <br />Backfilling and Grading: <br />The excavated pit is now an approximate 3.5 -acre pond that has shorelines with slopes of approximately 1.5H:1V to <br />2.51-1:1V. The west side of the pond is a beach having a slope of approximately 4.51-1:1V. A stockpile of excavated <br />material extends along the southern permit boundary and is estimated to contain approximately 13,500 cubic yards of <br />topsoil and overburden. <br />Financial Warranty: <br />The operator currently has $9,500 of financial warranty on deposit with the State. Based on the observations made <br />during this inspection, the Division estimates the cost to reclaim the site is $25,357.97 (see attached reclamation cost <br />estimate). The new required financial warranty is $25,400, resulting in a current deficit of financial warranty on deposit <br />with the State of $15,900. This deficit in bond amount is cited as a problem and must be corrected by May 4, 2013, by <br />submitting the additional bond amount of $15,900. <br />Hydrologic Balance: <br />During the inspection, the surface area of the pond area was measured with a hand held GPS unit and was found to be <br />approximately 3.5 acres. Division staff has determined the operator has a valid permanent augmentation plan to <br />account for evaporative losses of the pond. The augmentation plan was obtained through the Lower Arkansas Water <br />Management Association (LAWMA). <br />Gen. Compliance With Mine Plan: <br />The operator has not completed the approved reclamation plan. This is a problem for failure to reclaim the site in a <br />diligent, timely manner, as required by the C.R.S. 34- 32.5 -116 (4) (q) (1). This will be cited as a problem in the inspection <br />report. <br />All mining activity appeared to be within the boundary. <br />Reclamation Success: <br />Approximately 1 acres of the permit area was covered with Tamarisk trees and Russian olive trees. This is cited as a <br />problem in the inspection report. <br />There was a small amount of construction waste located within the permit boundary see photo 3. This material needs <br />to be removed. <br />Page 3 of 6 <br />