2020-06-17_INSPECTION - M1996076

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PERMIT#: M-1996-076 INSPECTOR'S INITIALS: ACY INSPECTION DATE: June 1,2020 cumulative inspection report from August 6 to 16, 2019. The south (main) pit area was also inspected. Little to no site activity appears to have occurred since the cumulative inspection report from August 6 to 16, 2019 (See Photo 5). Mr. Fontanari Sr. stated that no mining has occurred in the last year or more. No water was observed flowing from any of the risers along the north or east water distribution lines. All ditches along the north and east water distribution lines (both within and outside of the permit) appeared to be dry. Risers, distribution lines and ditches remain in place and reclamation of affected areas has yet to commence. This is cited as a possible violation pursuant to C.R.S. 34-32.5-124(1), for failure to comply with the conditions of an order, specifically Corrective Action 2 of MV-2019-023. A new water distribution line has been installed on the east side of the middle field with a series of risers (See Photos 6-8). This new distribution line appears to begin in the south east corner of the middle field. The distribution line extends down the east side of the middle field and runs parallel to the road, where it appears to terminate just south of the radio tower at the permit boundary. Installation of additional water conveyance structures within the permit area is not an approved condition of the permit. This is cited as a possible violation pursuant to C.R.S. 34-32.5-124(1), for failure to comply with the conditions of an order, permit or regulation. The Division was unaware of this infrastructure being installed within the permit boundary and therefore it has not been accounted for in the Reclamation Cost Estimate dated August 15, 2019 in the amount of$260,435. Furthermore, the current Financial Warranty remains inadequate. Under Order MV-2019-023 and SI-4, the bond is set the in amount of$260,435. To date the Division holds a Financial Warranty of$88,251, which is a deficiency of$172,184. This is cited as a Possible Violation, of C.R.S. 34-32.5-117(4)(c)(II) and C.R.S. 34- 32.5-124. For failure to adjust the Financial Warranty within 60 days of notice. And for failure to comply with Corrective Action 3 of Board Order MV-2019-023 which required the Financial Warranty increase to be posted by August 21, 2019. Similarly, the approved reclamation plan does not address the removal of the water conveyance system in the middle field and is cited as a problem pursuant to C.R.S. 34-32.5-116 (1). Provide a detailed map of all water distribution lines and risers located within the permit boundary to the Division, in the form of a Technical Revision, with the required $216 revision fee. Also include a narrative which states the size of pipe, linear feet installed and the depth at which it was placed. The Technical Revision shall be submitted by July 17, 2020. At the time of the inspection the middle field within the permit boundary was observed actively being irrigated. Water was being applied via flood irrigation. Perforated pipes extended from the risers and convey water down the series of small parallel furrows. This is cited as a possible violation for failure to comply with a Board Order (MV-2019-023) as well as conditions of the permit pursuant to C.R.S. 34-32.5-124(1). This site remains under a permanent Cease and Desist Order; water applications within the permit boundary are not permitted unless specifically for dust suppression and applied via truck. Noxious weeds have begun to emerge throughout the site. Staff observed Tamarisk, Halogeton, Kochia and Russian Thistle. Mr. Fontanari Sr. indicated that he has not yet contacted Mesa County Noxious Weed and Pest Department regarding a weed survey. Per TR-3, Mr. Fontanari Sr. must request a follow up survey of the entire permit area, not just the 5 acre section that was inspected on December 20, 2019 (see attached report from Mesa County Noxious Weed and Pest). Then develop a treatment plan which adheres to the management plan recommended by the Mesa County Noxious Weed and Pest Department. Pursuant to TR-3, Mr. Fontanari was to provide the detailed treatment plan to the Division no later than Monday June 1, 2020. On June 2, 2020 the Division reached out to Mesa County where it was confirmed that Mr. Fontanari has not requested follow up services. The Operator has failed to abide by the commitments made under TR-3 (see attached letter from Mr. Fontanari). This is a problem for failure to follow the approved mining/reclamation plans and failure to employ Page 5 of 22