2014-08-14_INSPECTION - M1979187

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PERMIT #: M -1979 -187 INSPECTOR'S INITIALS: PSH INSPECTION DATE: August 7, 2014 OBSERVATIONS The Morrow /Murphy Gravel Pit was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division /DRMS) as required by the Transfer of Permit and Succession of Operators process and Rule 1.12. Ms. Joanna Hopkins and Mr. Ron Morrow with Everist Materials, LLC (Everist) were present during the inspection. On December 30, 2013, Everist submitted a Transfer of Permit and Succession of Operators Application Form (SO -02) and selected to maintain their right to a decision within 30 day and therefore was required to provide a replacement financial warranty in the same amount maintained by Morrow & Sons. On July 14, 2014, the application was deemed complete following the submittal of the financial warranty, 2013 annual report and fee, demonstration of Legal Right to Enter and all required structure agreements. The Division approved the Transfer of Permit and Succession of Operators for the Morrow /Murphy Gravel Pit on July 14, 2014. Everist is now the permitted Operator of the Morrow /Murphy Gravel Pit and Morrow & Sons has been released from reclamation responsibility for the site. The site is permitted for 123.3 total acres with 88.8 acres of mining disturbance. The site was active during the inspection. The asphalt and concrete batch plants located in the southeast corner of the site were operational. Two screening plants were observed in the middle of the site. A cobble plant was observed in the north end of the pit floor. The wash plant was also observed during the inspection; however it was not operational during the inspection. The main highwall was approximately 30 feet high. The next mining area, located east of the current highwall was stripped of topsoil and overburden ahead of mining activity. Two stockpiles of recycled concrete and asphalt were observed in the southeast corner of the site. The Operator stated the stockpiles will be reprocessed and removed from the site. During the amendment process in 1998 to expand the gravel pit, the Operator committed to a maximum of 4700 lineal feet of working extraction face (highwall) with approximately 1000 feet of total vertical face and the remaining area sloped between 2H:1V to 3H:1V. Based on measurements from aerial photography of the site, the Division estimates approximately 2,170 lineal feet of the east highwall is currently sloped between vertical and 1H:1V and site has a total of 3,695 lineal feet of highwall. The amount of vertical to near vertical highwall is considered a problem by the Division requiring corrective action by the Operator. The Operator must reduce the amount of vertical highwall to meet the current permit conditions or revise the permit to allow for more vertical highwall, which would result in an increase in the required financial surety amount. Noxious weeds including Canada thistle and oxeye daises were observed. The Operator stated they were aware of the problem and the site is sprayed by the County regularly. Diversion ditches located above the highwall to control storm water runoff were observed. The pit floor was dry and no evidence of erosion outside of the approved permit boundary was noted. As cited as a problem on the first page, the entrance sign did not indicated Everist Materials, LLC as the Operator of the site as required by Rule 3.1.12. The Operator shall submit photo documentation that a proper sign has been posted by the corrective action date. The Division currently holds a financial warranty in the amount of $132,600. The financial warranty amount will be recalculated by the Division based on the Operator's response to the vertical highwall problem. Page 2 of 4