2015-03-04_INSPECTION - M2004009 (2)

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PERMIT #: M- 2004 -009 INSPECTOR'S INITIALS: ECS INSPECTION DATE: February 18, 2015 OBSERVATIONS On February 18, 2015 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the Turnpike Mining Resource site. The inspection was conducted as a result of a citizen complaint received by DRMS on February 10, 2015. The complaint alleged unapproved site activity (excavation, grading, and removal of old growth trees) within the 100 foot setback distance from Boulder Creek as shown in the attached photo provided by the complainant. The 100 foot setback distance from Boulder Creek was established as a permit condition in the June 13, 2006 Asphalt Specialties response to DOW comments during the AM01 approval process. DRMS representative Eric Scott met with operator representative Rob Laird on -site at approximately 0900, and inspected the area of concern. DRMS verified that grading and excavation activity had clearly been taking place within the setback area as shown in the attached photos taken by DRMS during the inspection. During the inspection Mr. Laird stated that there had been a misunderstanding with operations personnel regarding the setback distance. Operations personnel had been cleaning up old stockpile material in the setback area; however, they were also removing old growth trees and creating excavations to utilize as sediment settling ponds within the 100 foot setback area. After the setback issue was brought to Asphalt Specialties attention by DRMS, the operator, prior to this inspection, immediately backfilled the excavation within the setback area, and was observed to be in the process of returning the area back to original grade during the inspection. DRMS will require the operator to immediately clearly mark the 100 foot setback distance from Boulder Creek, backfill all excavations within the setback distance, and restore the area within the 100 foot setback distance to original grade. The affected area within the 100' setback distance will then be top - soiled, finish graded, and seeded with the final reclamation seed mix. Large trees that were removed shall be replaced at a 3:1 basis with appropriate species as recommended in the DOW comment letter dated August 7, 2005. This reclamation of the setback area shall be completed no later than May 31, 2015. This issues has been cited as problem /possible violations on the first page of this inspection report and the corrective action(s) and corrective action(s) due date has been specified. Failure to address these issues by the corrective action dates could result in enforcement proceedings with the Mined Land Reclamation Board and possible issuance of additional violations and civil penalties. Inspection Contact Address Rob Laird Asphalt Specialties Co., Inc. 10100 Dallas St Henderson, CO 80640 Attachment: February 2015 photo provided to DRMS by complainant, RTB Letter, MLRB Consent Agenda Form Page 2 of 4