2015-07-15_ENFORCEMENT - M2015027

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PERMIT #: M2015027 INSPECTOR'S INITIALS: GRM INSPECTION DATE: July 8, 2015 OBSERVATIONS This inspection was initiated by the Colorado Division of Reclamation, Mining, and Safety (Division) after being contacted by the Little Snake Field Office of the Bureau of Land Management (BLM). The BLM contact was in reference to a Trespass Notice for a disturbance the Division will reference as the Vermillion Creek Borrow Area, M-2015-027. BLM noted contact with Mr. John Raftopoulos, the adjacent private land owner, who BLM stated confirmed the work done in the area of question was done by himself or his employees. Mr. Raftopoulos was contacted by BLM regarding the inspection but could not participate. Division and BLM staff visited the site on July 8, 2015. Division inspectors Russ Means and Amy Yeldell were accompanied by BLM Mining Engineer Jennifer Maiolo. The site is located approximately 0.5 miles west of the intersection of State Road 138 and Moffat County Road 34 N. The land is whole administered by the BLM for the general public and there is no private land associated with this project disturbance. Division staff used a GPS to determine the area of affected lands to be at or near 3.5 acres. This includes the pad where the excavation took place, area along the creek that was either widened or deepened, and riparian area that was directly affected by diversion of the creek from its natural course. The excavation of material from its native state was observed to be approximately 0.8 acres of disturbance. From what appears to be a natural bluff of alluvial materials an estimated 6,800 cu/yds of earth was removed and used in the vicinity. Grouser and bucket teeth marks as well as the non -eroded highwalls are clear indications of recent excavations by machinery. No sedimentation or storm water controls were observed on site. Indications of minor sedimentation were observed that will accelerate unless addressed. The excavation has left a highwall with an average height of 17 feet and a length of approximately 250 feet. The excavation and construction of the bridge were not authorized by the BLM for which a Notice of Trespass, #COC77226 was issued on July 9, 2015. A bridge has been constructed across Vermillion Creek at the west end of the excavation pad area. Photo documentation notes the bridge appears to be well built with concrete footers, cement engineered blocks, and hand laid stone. Pipe at the site indicates safety rails were ready to be installed. The Bridge structure is approximately 30 feet long by 15 feet wide. Excavated materials were used to construct a road and ramps to a bridge across Vermillion Creek per BLM. The bridge was constructed to gain access to the south side of Vermillion Creek within the flood plain. An earthen dam constructed from materials very similar to that excavated was constructed at the east end of the project area at the creek. Visual evidence of shallow channeling and riling indicate the creek originally flowed across this area during flood conditions prior to the dam construction. The area is a natural wetlands based on the type of vegetation that is well established in the entire creek bed. The constructed dam has clearly cut off the natural flow of surface waters to the area. Tractor tracks and indications of bladed ground clearly show additional disturbances to the area. It is estimated that approximately 2 acres of wetlands have been directly affected. Vermillion Creek itself has been affected. Evidence such as earthen piles, flagging, and annual weed growth indicate that the creek has been moved from its original flow path to a deepened channel as part of this project. Goggle Earth photos help support that the channel disturbances are recent and not naturally occurring. Approximately 1100 feet of affected channel with an affected path of 20 feet wide was observed for a disturbed area of 0.5 acres. Pale 2 of 3