2015-11-30_INSPECTION - M2010002 ‎(2)‎

• Permit No: M2010002
• IBM Index Class Name: Inspection
• Doc Date: 11/30/2015
• Doc Name: Sept Inspection All PBs 90-Day Extension Approved
• From: DRMS
• To: Jay Wagner
• Email Name: ACY
• Email Name: GRM
• Media Type: D
• Archive: No

November 30, 2015
Jay Wagner
Wagner Rock" LLC
96400 E Hwy 40
Craig, CO 81625
A&TCOLORADO
Division of Reclamation,
mining and Safety
Deparuiiem of Natural Resources
131.1 5Fier an Street, Rooth 115
De,wer_ CO 80103
RE: Wagner Pit, Permit No. M-2010-002, Corrective Action 90 -Day Exrension Request Approval
Dear Mr. Wagner:
The Division of Reclamation Mining and Safety (Division) inspected the above 1„c,lti0lled site o„
September 9, 2015. Problem(s) were identified with corrective action dates.
Problem one: Availability of , eco, d� was cited as p, oblem. Corrective actions require the operator
to demonstrate that the operation is in compliance with the Office of State Engineer (OSE). This
could be achieved by providing the Division with a valid gravel pit well permit that meet the
approved reclamation plan requirements. The original corrective action due date was November
17, 2015.
Problem two: Revegetation was cited as a problem Por the presence or state listed noxious weeds.
Co,1 ective actio„a , equip ed the operator to submit a weed management plan in the form of a
technical revision. The original corrective action due date was November 17, 2015.
On November 12, 2015 the Division received an extension request via email from you. The letter
requested "At this time we request a 3 month eAte„bion to fulfill your corrective measures to
include the well permit for the above noted mine.” Staff interpreted this as an extension request
limited to allow time to obtain a permit from the ONE. This was based on the tact that the second
pa, ag, aph went on to explain the extenuating circumstances requiring the additional time Por
obtaining the well permit documentation. In the original extension request letter there waa ,10
mention of the weed management plan or the required technical revision. As a result on November
12, 2u15 Division staff sent a letter approving a vu -day extension on the corrective action for the
availability of recd, L p, oblem only.
un November 30, 2015, as a courtesy, start call to inquire as to the status of the weed management
plan technical revision prior to sending out an unresolved problem letter. During the conversation
you expressed that based on the phrasing of the initial entenaio„ 1 cqueat lette," "to include the well
permit" did not exclude the weed management problem identified in the same inspection report.
Staff explained the ambigaity or the extension request resulted in a 90 -day extension approval
lette, enplicitly for the well permit issue and did not implicitly grant approval for the weed
management plan as it was not directly or indirectly requested.
Following the conversation an, extension request was received via email on November 3u, Zu15.
The request used the same verbiage as the o1 iginal a.&tension , equest. The third paragraph clarified
1313 Sherman street, ROOM z15_ Denver. CO BOZ03 P 303.866.3567 F 303.831.8106 Flop://mining.staLe.cU.Us
John W. Ricken[ooper, Governor I Mike King, Executive Director I Virginia Brannon, Director