2015-06-11_INSPECTION - M1998101

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PERMIT #: M-1998-101 INSPECTOR'S INITIALS: TOD INSPECTION DATE: April 24, 2015 The Division did not observe any areas within the affected lands where revegetation has taken place. However, there was some vegetative growth throughout the disturbed area. The plant growth in the disturbed area appeared to be volunteer vegetation, comprised of grasses and weeds. Portions of the affected lands had a few tamarisk trees, and a variety of thistles scattered throughout. This will be cited as a problem for failure to implement weed control methods for state listed noxious weed species within the permitted area, and to reduce the spread of weeds to nearby areas as required by Section 3.1.10(6) of the Construction Rules. During the inspection, some of the field -identified permit boundary markers could not be located or properly identified. Therefore, the Division could not definitively identify the permit boundary. During the inspection, the Division used a handheld GPS unit to outline a portion of the affected area. During the inspection the Division believed this affected area could have possibly been located outside of the approved permit boundary (based on the assumed field location). After conducting the inspection, the Division created a georeferenced map of the approved permit boundary (see Figure 1). Following the inspection, the georeferenced map was compared with the Division's field observations and a Department of Agriculture 2013 NAIP aerial image. After reviewing the georeferenced permit boundary map, the Division determined that two areas observed during the inspection were located outside of the approved permit boundary. During the inspection the Division believed that these two areas were within the approved permit boundary based on an assumed field location; however, the field assumed location of the permit boundary was incorrect. The Division used the field observations and the aerial image to calculate the total area that had been affected by the mining operation (please see the observed affected area on figure 2 (yellow line)). The Division determined that there were two areas of affected land outside of the approved permit boundary. The affected land outside of the permit boundary was observed during the inspection; however, no GPS data was collected during the inspection. During the inspection the Division believed that these two areas were within the permit boundary. The Division concluded that the Operator had affected a total area of 7.06 acres outside of the approved permit boundary (see figure 2). The Division determined that the area walked with the hand held GPS unit (.89 acres of affected land) was well outside of the approved permit boundary (see figure 2). The affected land outside of the permit boundary was composed of, previously mined lands, equipment storage, stockpiles of product, and a scale house/office (see photos 1 through 4). Based on these observation the Division concluded that the Operator had affected a total of 7.06 acres outside of the approved permit boundary. CONCLUSION Based on the comparison between the field -collected GPS data, observations made during the inspection, review of the 2013 NAIP aerial image and the georeferenced map, it appears that the Operator has affected 7.06 acres outside of the approved permit boundary. The Division believes that the 7.06 acres outside of the approved permit boundary had been affected by a mining operation based on: the close proximity to the active disturbed area, stockpiles of product, heavy equipment marks on the ground (back drug loader bucket and bulldozer tracks), the nature and age of the disturbance, lack of native vegetative cover. Pursuant to sections C.R.S. 34-32.5-103(1) and (13) of the Colorado Land Reclamation Act for the Extraction of Construction Materials and C.R.S. 34-32.5 et seq., the total 7.06 -acre disturbance outside of the approved permit boundary on the site appeared to constitute a mining operation. Therefore, the Division has Reason to Believe a Violation of C.R.S. 34-32.5-109 (1) has occurred and will schedule the matter for consideration by the Mined Land Reclamation Board (Board), to occur during the July 29-30, 2015, Board meeting. The Board meeting will occur at 1313 Sherman Street, Room 318, Denver, Colorado. Official notice of the July 29-30, 2015, Board meeting will follow under separate correspondence addressed to Tony J. Beltramo and Sons, Inc. The Construction Materials Act and Rules may be reviewed at the Division's website, www.mining.state.co.us. Page 3 of 9