2014-12-01_INSPECTION - P2009009

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PERMIT #: P- 2009 -009 INSPECTOR'S INITIALS: MAC INSPECTION DATE: November 21, 2014 CORRECTIVE ACTION DUE DATE: 6/01/15 INSPECTION TOPIC: Topsoil PROBLEM /POSSIBLE VIOLATION: Problem: The Division observed that topsoil was not being segregated from other spoil. This is a problem related to C.R.S. 34- 32- 116(7)(f). CORRECTIVE ACTIONS: The operator shall segregate the topsoil from overburden and shall place the topsoil into separate stockpiles by the corrective action date. Proof of compliance shall be in the form of photographs. CORRECTIVE ACTION DUE DATE: 6/01/15 OBSERVATIONS The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division) and Amy Titterington of the U.S. Forest Service. Mike Wild, the Operator, was not present for the inspection. The Wild Blue Indian Lode is located in Park County, approximately 12 miles north of Lake George, Colorado. The Wild Blue Indian Lode operates under a Notice of Intent to Conduct Prospecting (NOI); the commodities of interest are pegmatite minerals. The Division received a citizen complaint on November 5, 2014; a copy of the complaint letter was provided to the Operator on November 6, 2014. The complaint letter alleged the Operator was not conducting backfilling of the prospecting pits and that numerous open pits posed a risk to public safety. In addition, the complaint letter stated the Operator was not allowing the public to traverse the site. The purpose of the inspection was to determine if the Operator was in full compliance with the approved plan to conduct prospecting. The prospecting activities are being conducted on the Wild Blue Indian claim (CIVIC 276299), which is a 20.66 acre lode claim located in the Pike National Forest. The Operator is authorized to affect up to one acre of land; the disturbance is to consist of 8 pits (40'1 x 40'w x 40'd), 3 trenches (20'1 x 60'w x 20'd) and associated stockpile areas. A file review of the Plan of Operations (POO) issued by the USFS, shows there is a discrepancy between what the Division has authorized and what the USFS has authorized. The bonding section of the POO specifies the affected area is limited to 0.5 acres and the disturbance is to consist of 4 pits (40' x 40'), 2 existing prospect pits, 1 historic pit and a 2 -track road (12'w x 3001). The dimensions of the existing and historic prospect pits were not specified. As noted above, the Operator was not present for the inspection and no prospecting was being conducted. The Division observed a wheeled backhoe /loader parked in a ravine adjacent to a prospect pit. A small gas can was observed on the ground next to where the equipment was parked; the can contained fuel. The Division traversed the prospect site and observed a total of 7 trenches, 2 test pits and 2 reclaimed areas. The trenches were all within the specified dimensions and the overburden was stockpiled around the perimeter of the excavations. Based on observations made at the site, it does not appear the Operator is segregating topsoil from overburden. The approved N01 states the Operator would salvage and segregate up to 24" of topsoil. In addition, the stockpiles were not stabilized and the Division observed erosion of the stockpiled material; sediment was being transported from the stockpiles into adjacent drainages. Three of the trenches were partially fenced with orange safety fencing; however, the fencing around all of the trenches was collapsed. The trenches are located on public lands which are accessible to anyone who might pass by. Pursuant to Hard Rock Rule 5.3.1(f), the Operator is to safeguard mine entries, trenches and excavations from unauthorized entry at Page 2 of 5