2015-04-30_INSPECTION - M1986007

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PERMIT #: M -1986 -007 INSPECTOR'S INITIALS: ECS INSPECTION DATE: April 23, 2015 CORRECTIVE ACTIONS: The operator shall conduct a survey and replace the boundary markers in the correct location(s). The operator shall provide proof to the Division that this has been done by the corrective action date. CORRECTIVE ACTION DUE DATE: 6/30/15 INSPECTION TOPIC: Financial Warranty PROBLEM /POSSIBLE VIOLATION: Problem: The financial warranty is not adequate to reclaim the site in accordance with the approved reclamation plan. This is a failure to maintain the proper financial warranty amount to complete reclamation of the affected lands pursuant to C.R.S. 34- 32.5- 117(4)(b) of the Act. CORRECTIVE ACTIONS: The Operator will likely be required to submit an amendment or conversion application to the division to resolve existing boundary issue no later than June 30, 2015. The Financial Warranty will be addressed as a required component of the conversion /amendment submittal. The operator shall submit adequate financial warranty as determined by the Division. If the operator demonstrates to DRMS that the existing disturbance is less than or equal to 9.4 acres, DRMS will issue a separate surety increase under separate cover. CORRECTIVE ACTION DUE DATE: 6/30/15 OBSERVATIONS This was a routine monitoring inspection conducted by Eric Scott of DRMS for the Masonville Stone site. DRMS met with Glenn Southwick at the site at approximately 1300 hours. The site entrance is located on the south side of Larimer County 29 RD approximately 100 feet west of the intersection of 29 RD and 27 RD. The required postings were present at the site entrance. This site is currently an active 110c sandstone /flagstone quarry. The active mining at the site at the time of the inspection was occurring near the center of the site. As a result of boundary issues observed during DRMS inspections conducted in 2008/2009, a map /boundary revision was approved by DRMS in June of 2009. The revision was intended to contain the disturbed area existing at that time within the total permitted 9.4 acres. To do so, a small undisturbed area of trees and shrubs within the permit (visible on the attached maps) was excluded from the permit area to act as a "seed bank" to facilitate reclamation (See attached map showing outline of 2/2009 disturbed area overlain on current air photo of site). As with the previous 2008/2009 inspections, several boundary markers were unable to be located during the 2015 inspection, and the ones that were observed appear to be incorrectly placed (see attached map of GPS locations collected during 4/23/15 Inspection). The misplaced markers define an area much larger than the current 9.4 acre permit. In addition, at this time, the existing disturbance can no longer be said to be less than or equal to the permitted 9.4 acres - even with the exclusion of the remaining "seed bank" area (see attached map showing total disturbed and excluded areas). Because the likely total affected area outside the permit boundary at this time is still small (approx 0.54 acres) and the land surrounding the permit is owned by the permittee /operator, DRMS will allow until June 30, 2015 for the permittee to submit a complete amendment or conversion application to DRMS addressing the boundary issue, or to demonstrate via a survey conducted by a registered land surveyor that the existing disturbance is less than or equal to 9.4 acres. DRMS strongly advises the permittee to submit a 112c Page 2 of 4