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COLORADO DIVISION OF RECLAMATION, MINING AND <br />MINERALS PROGRAM INSPECTION REPORT rR EC 15, 11V E D <br />PHONE: (303) 866-3567 OCT 13 2015 <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 />Midway Pit <br />MINE/PROSPECTING ID#: <br />M-1988-018 <br />MINERAL: <br />Sand and gravel <br />COUNTY: <br />El Paso <br />INSPECTION TYPE: <br />Monitoring <br />INSPECTOR(S): <br />Timothy A. Cazier <br />INSP. DATE: <br />September 25, 2014 <br />INSP. TIME: <br />09:55 <br />OPERATOR: <br />Midway Aggregates, RLLP <br />OPERATOR REPRESENTATIVE: <br />Joe Baxter & Leonard Read <br />TYPE OF OPERATION: <br />112c - Construction Regular Operation <br />REASON FOR INSPECTION: <br />Normal I&E Program <br />BOND CALCULATION TYPE: <br />Complete Bond <br />BOND AMOUNT: <br />$40,000.00 <br />DATE OF COMPLAINT: <br />NA <br />POST INSP. CONTACTS: <br />None <br />JOINT INSP. AGENCY: <br />None <br />WEATHER: <br />Clear <br />INS ' SIGNATURE: <br />SIGNATURE DATE: <br />October 7, 2015 <br />The following 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: Availability Of Records <br />PROBLEM No. 1/POSSIBLE VIOLATION: Problem: The current mine and reclamation plans, as well as the <br />affected area mine and reclamation plan maps do not reflect the observed disturbances (i.e., affected area <br />limits) and necessary reclamation (e.g., pond reclamation and seed mix). <br />CORRECTIVE ACTIONS: Within 60 days of this report the Operator must submit a Technical Revision (TR) to <br />update the mining and reclamation plans, and the Mine Plan Map and Reclamation Plan Map. <br />CORRECTIVE ACTION DUE DATE: 12/07/15 <br />INSPECTION TOPIC: Availability Of Records <br />PROBLEM No. 2/POSSIBLE VIOLATION: Problem: No utility structures agreement for the transmission powerline <br />on the north side of the existing pit. <br />CORRECTIVE ACTIONS: Within 30 days of this report the Operator must submit a notarized letter or agreement <br />in accordance with Rule 6.4.19 addressing the potential for damage to the powerline. <br />CORRECTIVE ACTION DUE DATE: 11/09/15 <br />INSPECTION TOPIC: Financial Warranty <br />PROBLEM No. 3/POSSIBLE VIOLATION: Problem: The financial warranty is not adequate to reclaim the site in <br />accordance with the approved reclamation plan. This is a failure to maintain the proper financial warranty <br />amount to complete reclamation of the affected lands pursuant to C.R.S. 34-32.5-117(4)(b) of the Act. <br />CORRECTIVE ACTIONS: The operator shall submit adequate financial warranty, as determined by the Division. <br />The operator will have 60 days from the date on this report to post the additional financial warranty. <br />CORRECTIVE ACTION DUE DATE: 12/07/15 <br />Page 1 of 9 <br />