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PERMIT#:M-1995-005 <br /> INSPECTOR'S INITIALS: ACY <br /> INSPECTION DATE:April 18,2023 <br /> OBSERVATIONS <br /> On April 12, 2023 the Colorado Division of Reclamation Mining, and Safety(Division)received a citizen's <br /> complaint. The complaint alleged that large volumes of dust has been increasing in volume over the last year <br /> and are impacting nearby residents to the north and east of the pit. The citizen believes that the mine (Orchard <br /> Mesa Aggr, Permit No. M-1995-005)which is located above the neighborhood to the south is the source of the <br /> dust material. Both the citizen and Operator were contacted on April 12, 2023. <br /> In response to this complaint the Division conducted a site inspection on April 18, 2023. Amy Yeldell and Todd <br /> Jesse of the Division met with Steve Baker, who represents the Operator on site. Local weather was extremely <br /> windy with a constant wind of 20 MPH and gusts over 60 MPH.No precipitation has occurred several days <br /> prior to the inspection. Temperatures were approximately 60°F and a weather front bringing isolated snow/rain <br /> showers was forecasted for the next 48 hrs. <br /> The Orchard Mesa Aggr site is a 112c permitted site that includes a total of 46.10 acres. The site located <br /> southeast of Grand Junction, Colorado and is accessed via 31 Road and the Compost Facility Entrance Road. <br /> A new access road has been created to access the pit(Photos One to Three). Previously the mine was accessed <br /> through the compost facility. Since the last inspection the Operator has created a new mine access road to avoid <br /> traveling through the compost facility. It begins at the radio tower and parallels the trash fence along the north <br /> side of the compost facility to the facility entrance gate. The new road portion is 1750 LF averaging 30 ft wide <br /> for a total of 1.21 ac affected. This road is in support of a mining operation and should be considered affected <br /> lands however it is not within the permit boundary. Therefor the construction of a new mine access road is cited <br /> as a Possible Violation of C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from <br /> slides or damages occurring during the mining operation. This possible violation will require a hearing before <br /> the Mined Land Reclamation Board. The schedule and other details for the MLRB hearing will be provided in a <br /> separate document, a Reason to Believe a Violation Exists letter which will be sent via certified mail. If at the <br /> hearing a violation is found the Operator will be required to submit an amendment application to incorporate all <br /> affected lands into the permit boundary and gain approval from the Division within all statutory deadlines. The <br /> Operator is encouraged to submit an application prior to the June 21-22, 2023 MLRB Meeting. <br /> The mine identification sign in place and in compliance with Rule 3.1.12. A sign is attached to the main gate 31 <br /> Road at the turn off to the compost facility county landfill (Photo Four). A scale and scale house is located <br /> along the mine access road near the gate to the composting area of the county landfill (Photo Five). <br /> Citizen Complaint: <br /> Once on site the Division discussed the details leading up to the citizen's complaint. Mr. Baker explained that <br /> he had an employee place overburden along the northern edge of the current mining area(Photo Six). The mine <br /> site is on a mesa to the south above a neighborhood and resulted in dust blowing straight off of the overburden <br /> pile and into the neighbor's property (Photo Seven). Best the management practice would have been to place <br /> material on the south side of the permit within the mined pit floor away from the edge of the mesa. This is <br /> where the majority of other stockpiles are stored. Mr. Baker has since educated his employees to prevent this <br /> from occurring in the future. Additionally the overburden pile was dozed and flattened out so that it is now <br /> approximately six feet shorter in an effort to decrease material blowing off the stockpile. <br /> Currently this site uses a 2,000 gallon water truck with sprayer nozzle to moisten stockpiles and roads for dust <br /> suppression. Three frack tanks,and two large water tanks were observed on site for storing additional water <br /> Page 2 of 12 <br />