2020-09-23_ENFORCEMENT - M2019002

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PERMIT#E: M-2019-002 INSPECTOR'S INITIALS: ERR INSPECTION DATE: September 4,2020 PROBLEMSIPOSSIBLE VIOLATIONS INSPECTION TOPICS: Hydrologic Balance, Off-site Damage, and Availability Of Records POSSIBLE VIOLATIONS: Wash water and fines from the process pond overtopped the eastern embankment and were released into an unnamed drainage which reports to the South Fork of the Republican River. Additionally, the mining operation has affected lands outside of the permit boundary. This is a possible violation of C.R.S. 34-32.5-116(4)(h) for failure to minimize disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the mining operation and during reclamation and C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides or damages occurring during the mining operation and reclamation. This is also a possible violation of C.R.S. 34-32.5-121 for failure to notify the Division of a failure or imminent failure,as soon as reasonably practicable after such person has knowledge of such condition or of any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property. CORRECTIVE ACTIONS: These possible violations will require a hearing before the Mined Land Reclamation Board scheduled for the November 18-19, 2020 Board meeting. The schedule and other details for the MLRB hearing has been provided under a separate document, sent via certified mail. CORRECTIVE ACTION DUE DATE: November 18,2020 OBSERVATIONS This inspection was conducted by Elliott Russell of the Division of Reclamation,Mining and Safety (Division) in response to a citizen complaint. Castle Rock Construction Company of Colorado, LLC (Operator) was represented by Matt Fonte during the inspection. On Thursday September 3, 2020 the Division received an anonymous citizen complaint which alleged the operation had affected land off-site and that mud slurry was flowing over a holding dam and down into a valley. The Division assigned this as Citizen Complaint CT-01. The Strode Pit is a Construction Materials 111 Operation and is permitted at 29.93 acres of land for the extraction of sand to support a nearby Interstate 70 reconstruction project. The mine site is located in Kit Carson County, approximately 3.8 miles south-southeast of Flagler, Colorado. Affected lands will be reclaimed to support a post-mining land use of rangeland. The Strode Pit is located between an unnamed drainage to the east and County Road 6 to the west. The permit was approved on January 23,2019 and originally proposed to haul raw material off-site to a batch plant. Technical Revision TR-0I was approved on March 4, 2019 which added a screening and wash plant to process material on-site. TR- 01 also incorporated the use of a Jadair Water Clarifier unit for the dirty process water which reduced the need to large settling ponds. The Jadair Water Clarifier utilizes a polymer flocculent to assist in gravity separation of suspended solids. The unit discharges cleaned water to be reused in the wash plant and a solid-like mud which the Operator proposed to use as backfill in the mined-out areas of the permit. The Division met Matt Fonte at the mine site entrance on the east side of CR 6,approximately '.i mile south of CR R. The site consists of three ridges/fingers which were mined from north to south. The Operator was currently mining the southernmost deposit area. Topsoil had been stripped and stockpiled in berms around the site. The site consists of a central processing area which includes a dry screen,several conveyor belts, a wash plant,a logwasher,the Jadair Water Clarifier, a lined fresh water pond, a cleaned water pond, and a large retaining area where mud from the clarifier is held prior to hauling to the mined-out areas. Mr. Fonte stated the operation was in the final week or two of mining activity as the Interstate 70 reconstruction project was almost complete; he estimated an additional 4,000-6,000 tons of sand was needed to finish the concrete paving. Mr. Fonte led the Division to the northern portion of the permit to the embankment of the sediment retaining area. This retaining area mainly consisted of mud/sediment with two small portions of standing water on the north and south side from the slurry decanting. The Division approximates the height of the embankment to be 30 feet at the highest point. Mr. Fonte stated that on Wednesday night(September 2"a) the capacity of the retaining area was reached and overtopped the embankment, causing wash water and fines to be discharged into the adjacent unnamed drainage. This drainage reports to the South Fork of the Republican River, which was dry at the time of the inspection, approximately 1:3 of a mile north. Page 2 of 14