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N COLORADO <br /> Co , Division of Reclamation, <br /> Mining and Safety <br /> MINERALS PROGRAM INSPECTION REPORT <br /> PHONE: (303) 866-3567 <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: MINE/PROSPECTING ID#: MINERAL: COUNTY: <br /> Derr Pit M-2008-017 Sand,gravel and agg Weld <br /> INSPECTION TYPE: INSPECTOR(S): INSP.DATE: INSP.TIME: <br /> Monitoring Eric C. Scott November 1,2017 09:00 <br /> OPERATOR: OPERATOR REPRESENTATIVE: TYPE OF OPERATION: <br /> Broken Arrow Investments LLC Kelly Hodge 112c-Construction Regular Operation <br /> REASON FOR INSPECTION: BOND CALCULATION TYPE: BOND AMOUNT: <br /> Normal I&E Program Partial Bond $86,233.00 <br /> DATE OF COMPLAINT: POST INSP.CONTACTS: JOINT INSP.AGENCY: <br /> NA None None <br /> WEATHER: INSPECTOR'S SIGNATURE: SIGNATURE DATE: <br /> Cloudy November 3,2017 <br /> ji <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: Off-site Damage <br /> PROBLEM/POSSIBLE VIOLATION: Problem: Pursuant to C.R.S. § 34-32.5-123(2) an operator who mines <br /> substantial acreage (over 2 acres) beyond the approved permit boundary may be found to be operating without <br /> a permit. DRMS observed that approximately 10 acres outside of the permit has been affected by mining <br /> activity (see attached map). Based on the findings of the inspection we believe this is a violation of C.R.S. 34- <br /> 32.5-109(1) for failure to first obtain a reclamation permit from the Mined Land Reclamation Board or Office <br /> before engaging in a new mining operation as required. <br /> CORRECTIVE ACTIONS:This possible violation will require a hearing before the Mined Land Reclamation Board. <br /> The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via <br /> certified mail to the operator. <br /> CORRECTIVE ACTION DUE DATE:T.B.D. by MLRB Hearing <br /> INSPECTION TOPIC: Revegetation <br /> PROBLEM/POSSIBLE VIOLATION: Problem: Tamarisk (salt cedar)trees are present within or have volunteered <br /> into the permit area and are becoming established. This is a problem for failure to employ weed control <br /> methods for a state listed noxious weed species within the permitted area, and to reduce the spread of weeds <br /> to nearby areas as required by Section 3.1.10 (6) of the rule. <br /> Page 1 of 4 <br />