2020-06-17_INSPECTION - M1996076

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PERMIT#:M-1996-076 INSPECTOR'S INITIALS: ACY INSPECTION DATE: June 1,2020 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 rule. The Operator shall coordinate with Mesa County to develop a weed control plan and submit it to the Division as a Technical Revision with the appropriate Technical Revision fee of$216.00 by July 17, 2020. Lastly regarding TR-3, the burn pit area has yet to be reseeded(See photo 9). This area should be reclaimed as soon as possible and the noxious weeds should be managed. This disturbance will be included in the total affected area for the permit and will require bonding until sufficiently reclaimed. Mr. Fontanari Sr. was reminded that under the current mine plan the site has a maximum disturbance of 22 acres. The Division estimates that without including the water conveyance system disturbances, this operation has affected approximately 26 acres; 18 acres for the main south pit and stockpiles area and 8 acres for the north pits and stockpile area. ACY & LJW June 8, 2020 @ 8:00 The Division conducted a follow up inspection to collect GPS data of the site and to verify marker locations. Only Mr. Fontanari Jr. was present for portions of this inspection. All maps were created in Google Earth and overlaid on satellite imagery of the site taken August 17, 2019. Amy Yeldell (ACY) and Lucas West(LJW) of the Division walked to all markers (and offsets) on the top of the mesa and captured data points. GPS locations on the steep hillside adjacent to I-70 or the far eastern area across the draw were not captured. The actual permit boundary of this site has frequently been an issue given the numerous markers of various types throughout the property. TR-3 addressed this issue by allowing the Operator to place offset markers in areas where delineation was not feasible. After collecting GPS data from the site there are several locations in which the Division's permit boundary interpretation, the Mesa County Assessor's parcel map and the Operators markers differ. Overall the general shape appears to be relatively the same just shifted in some areas (See Map 1). In the northern pit area if the Operators interpretation of the permit boundary is used (see Map 2), an additional three risers on the northwest side and one riser and ditch on the southwest side would be located within the permit boundary. Alternatively if the Division's interpretation of the permit boundary is used, the middle field would have approximately 0.96 acres of additional irrigated field within the permit. This area is highlighted in yellow (See Map 3). GPS data of the newly installed water distribution lines along the middle field was also collected. Staff observed eight riser heads, a shut off valve and air vent within the permit boundary(See Photos 10 and 11). The northern two most risers were actively watering at the time of the inspection (See Photo 12). The southern portions of the middle field were saturated but not actively being watered at the time of the inspection. Since the last inspection (June 1, 2020) an additional three-quarters of an acre has been reworked and watered (See Photo 13). Staff measured the GPS data points in Google Earth and approximately 2.8 acres has been planted and watered (See Map 4). When including land that has been affected by the installation of water conveyance systems, in addition to those areas being watered, the cumulative impact of this activity within the mine site is approximately 3.5 acres (See Map 5). Division staff identified oats and alfalfa growing in addition to several other undesirable annuals. The haul road was also revisited during this inspection(See Photo 15). Water was still observed seeping out the haul road highwall, however it was much less than a week ago (June 1, 2020). The usable road width was measured, staff did not include the inside drainage ditch, the berms and pull off area. The road varies from 16- 30 feet wide and is generally passible for two way traffic if needed. Page 6 of 22