Laserfiche WebLink
PERMIT #: M -1978 -249 <br />INSPECTOR'S INITIALS: PSH <br />INSPECTION DATE: October 24, 2013 <br />OBSERVATIONS <br />The Kokes Gravel Pit was inspected by Peter Hays with the Division of Reclamation, Mining and Safety <br />(Division) in response to a citizen complaint (CT -01) received on October 9, 2013 from Mark Kokes. Mr. Chad <br />Wright, Mr. Rob Quint with Logan County, Mr. Rocky Samber — Logan County Commissioner, Mr. Mark Kokes <br />and Mr. Kent Kokes were present during the inspection. <br />A copy of the complaint letter was emailed to Logan County prior to the inspection. The complaint states Mr. <br />Kokes investigation of the permitted boundaries revealed a significant out of bounds mining. The out of <br />bounds mining was the result of the 2001 survey excluding the original 9.9 acre permit area during the <br />conversion application process. Therefore, shifting the entire boundary of the currently permitted 20.13 acres <br />to the southeast of the original permit boundary and excluding the original permit boundary. <br />History <br />The original reclamation permit was issued by the Division on October 1, 1979 for 9.9 acres. The Division <br />approved the 110c to 112c permit conversion application on January 15, 2002, which increased the permit <br />acreage by 10.23 acres for a total of 20.13 acres. <br />The original permit boundary map indicated a rectangular permit boundary. The permit map was updated <br />during the conversion application process and indicated a seven (7) sided polygon with a northwest to <br />southeast orientation. <br />During the permitting process for the adjacent MMM Partnership Pit located north of the Kokes Pit in 2006, <br />the Division was provided a map of the Kokes Pit indicating a six (6) sided permit boundary and GPS <br />coordinates for the five (5) boundary marker locations. This map appears to be inaccurate and presumably <br />was a "best fit" map for the current mining disturbance and existing boundary markers. <br />The Division considers the permit boundary map submitted with the permit conversion application for the <br />Kokes Pit to be the current permit boundary. As cited as a problem on the first page, Logan County shall <br />conduct a survey based on the metes and bounds location map submitted with the permit conversion <br />application and replace the boundary markers in the correct location(s). The Operator shall provide proof to <br />the Division that this has been done by the corrective action date and contact the Division to schedule a <br />follow -up inspection. <br />GPS <br />The permit boundary markers as described by Mr. Kokes were GPS surveyed with a Trimble Juno 3B by the <br />Division. The estimated affected area was also surveyed by the Division. A map showing the results of the <br />GPS surveys is attached. The survey indicated a permit boundary of 25.08 acres, 4.95 acres greater than the <br />approved 20.13 permit boundary and an affected area of 19.09 acres. The affected area was difficult to <br />determine due to the natural reclamation in the southwest corner of the site, the adjacent MMM Partnership <br />mine site to the north and the ephemeral drainage channel along the northern boundary of the site. <br />Legal Right to Enter <br />The Division requires Operators to maintain a source of Legal Right to Enter as required by Rule 6.4.14. The <br />Division records indicate the lease submitted with the permit conversion application, which was the Operators <br />source of Legal Right to Enter expired on September 25, 2007. Mr. Kokes complaint letter indicated a more <br />Page 2 of 5 <br />