Laserfiche WebLink
PERMIT#: M-1977-170 <br /> INSPECTOR'S INITIALS: LJW <br /> INSPECTION DATE: February 9,2023 <br /> OBSERVATIONS <br /> This inspection was conducted by the Division of Reclamation, Mining and Safety's Active Mines Program <br /> (DRMS) in response to communication from the U.S. Environmental Protection Agency (EPA) and the Colorado <br /> Department of Public Health and Environment (CDPHE). The Butala Gravel Pit is located approximately two <br /> miles northwest of Salida, CO and accessed from County Road 151. The site is an active 112c operation that <br /> includes a total of 84 Permitted Acres. The Division currently holds a financial warranty in the amount of <br /> $143,158.00 for the site. Communications with EPA and CDPHE alleged that the Operator had excavated into <br /> the area known as OU2 Mining Restricted Area as defined by the "Declaration of Restrictive Covenants and <br /> Restrictions Against the Use of Real Property" documentation provided to the Division by the EPA. In addition <br /> to Charles Kellerman and Thomas Eve,the Operator Representatives, Alex Hedgepath of the Colorado <br /> Department of Public Health and Environment's Hazardous Materials Waste Management, Superfund /Site <br /> Assessment Unit was present for the inspection. The inspection was coordinated between CDPHE, EPA and <br /> the Operator prior to, however the EPA representative was unable to attend. Six Photos and one Google Earth <br /> Screenshot accompany this inspection report to illustrate the observed conditions. <br /> At the time of the inspection,the site was active in hauling processed material as well as maintenance of <br /> equipment and other activities. This inspection focused on an area defined as the Mining Restricted Area <br /> (MRA) and the Mining Restricted Buffer Area (MR/BA), specifically the western most portion of the MRA. This <br /> area was restricted from mining due to historic Creosote contamination from historical industrial activities. <br /> The extents of the MRA in this area as defined by the DRMS Permit are defined by a survey point, MRA 13, and <br /> a survey point with associated monitoring well known as KRMW14. These points delineate the western <br /> boundary of the MRA. Figure 1,the Google Earth Screen Shot show the approximate locations of the points as <br /> well as the outline of the MRA. The two points were observed and can be seen in Photos One and Two. An <br /> area of approximately .75 acres within the MRA was excavated and processed to a depth of nearly 20 feet. <br /> The excavated area can be seen in Photos Three through Five. The area has exposed a vertical highwall <br /> measuring approximately 300 linear feet. At the time of the inspection the highwall appeared stable and no <br /> signs of sloughing or settling was noted. The pit floor of the area is graded to exhibit positive drainage and no <br /> impounded storm water or snowmelt was noted. No evidence of significant erosion, settling or slumping of <br /> the excavated area was observed. <br /> I On site discussions with the-Mr. Kellerman indicate that the excavation took place around June 2021, and was <br /> ceased shortly thereafter when a large boulder was removed with visual Creosote staining. The boulder can <br /> be seen in Photo Six. The Operator has not resumed activities in the area at the direction of both CDPHE and <br /> EPA. Discussions also indicate that the excavated material was processed, blended with sale products and <br /> sold to customers shortly after the excavation took place. The inspection concluded with a discussion related <br /> to a path forward with EPA, CDPHE and DRMS based on the permit file review. <br /> After the inspection, an in-depth file review of the Permit was performed by DRMS Staff. Review of the permit <br /> file clearly shows,that as a condition of approval of Amendment 1 (AM-1)the Operator committed to no <br /> mining or excavation of the MRA, which was referred to as the "Creosote Evaluation Area" at the time. Most <br /> notably, in an Adequacy Review Response dated August 5, 1998. Therefore, based on site conditions and <br /> review of the DRMS Permit conditions,the Division has identified a possible violation of the Permit and will set <br /> the matter for hearing before the Mined Land Reclamation Board. Please see the attached Reason to Believe <br /> a Violation Exists and Notice of Hearing letter for more information. <br /> Page 2 of 7 <br />