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PERMIT #: M -1983 -033 <br />INSPECTOR'S INITIALS: MAC <br />INSPECTION DATE: September 20, 2013 <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Al Frei of Albert Frei & Sons, Inc. and Steve O' Brian of Environment Inc. were also present for the <br />inspection. The Walstrum Mine is located on the north side of 1 -70 approximately 4.5 miles east of Idaho <br />Springs, Colorado. The site is permitted for 292.07 acres and sits on the border of Clear Creek and Gilpin <br />counties; the commodity of interest is granite. <br />On September 13, 2013 the Division received two reports from the Colorado Department of Public Health and <br />Environment's (CDPHE) Environmental Release and Incident Report System for the Walstrum Mine. The first <br />report (Case # 2013 -0592) was filed by a citizen and stated that granite fines were being mobilized in <br />stormwater runoff and were flowing down an unnamed tributary towards the North Fork of Clear Creek. The <br />second report (Case #2013 -0598) was filed by the Operator of the Walstrum Mine and stated that sediment <br />ponds had failed and released stormwater to Clear Creek. The purpose of the inspection was to assess the site <br />conditions at the Walstrum Mine and to determine if granite fines did leave the site. <br />At the time the reports were filed with the CDPHE, Clear Creek and Gilpin counties were receiving record <br />amounts of rainfall and flooding was occurring in both counties. The site visit commenced at the top of the <br />quarry, which is located on the border of Clear Creek and Gilpin counties. Granite is mined using conventional <br />quarrying methods at the Walstrum Mine. After the granite is blasted from the pit walls it is hauled to the <br />crusher which is located at the base of the operation near the tarping and truck staging area. The granite fines <br />which are produced through crushing are hauled to the top of the quarry and are deposited outside of the <br />permit area into an unnamed gulch which daylights towards the North Fork of Clear Creek on Highway 119 in <br />Gilpin County. The granite fines are being used to create a level area at the top of the gulch. The Frei Family <br />owns this land and has plans to build in this area in the future. In 2007, the Operator received a Declaratory <br />Order from the Mined Land Reclamation Board (Board) which allowed them to deposit the granite fines <br />outside of the permit area. The Board determined the activity was exempted from oversight by the Division <br />since the Operator had obtained a permit from Gilpin County. The Operator had constructed a berm <br />approximately 3 feet high that spanned the gulch. During the storm the berm failed and stormwater flowed <br />freely down the gulch towards the North Fork of Clear Creek. The Division observed large gullies at the top of <br />the gulch. The gullies were approximately 10 feet wide and over 15 feet deep. The Operator informed the <br />Division that the sediment pond, located approximately half way down the gulch, had failed during the storm. <br />Following the inspection of the permitted mine site, the Division and the Operator drove to the bottom of the <br />gulch in Gilpin County. The Division observed a deposit of granite fines approximately two feet thick at the <br />edge of Clear Creek. The Division does not have information on the approximate volume of granite fines which <br />may have been discharged to Clear Creek; no discharge was occurring at the time of the inspection. <br />The report which addressed the mobilization of the granite fines also stated that the fines may contain metals <br />and uranium. The Walstrum Mine is regulated under a Construction Materials Reclamation Permit and is not a <br />metal mine. In addition, the granite and the granite fines are not a source of radiation. The main concern with <br />the fines leaving the site is sedimentation of Clear Creek. As stated earlier in this report, the area where fines <br />are being deposited is outside of the mine permit boundary. Therefore, the Division does not have any <br />jurisdiction over this matter and will not issue any corrective actions or recommendations with regard to the <br />stabilization of the granite fines. The Operator has repaired the berm at the top of the gulch and increased the <br />height to six feet. The Operator informed the Division that the extent of the backfilling operation will be <br />Page 2 of 8 <br />