|
PERMIT#:M-2009-077
<br /> INSPECTOR'S INITIALS: JR2
<br /> INSPECTION DATE: June 15,2023
<br /> will not be mulched. The main access road will remain after reclamation for continued use by the landowner.
<br /> Vegetation throughout the site consists primarily of native grasses, forbs, and shrubs. Small patches of
<br /> cheatgrass were found in and around the permit area, but no other state-listed noxious weeds were identified.
<br /> The operator should continue to monitor these weeds and implement the approved weed management plan as
<br /> appropriate, in accordance with Rule 3.1.10(6).
<br /> The Division observed silty clay stockpiles stored east of the operation, right outside of the permit boundary.
<br /> This stockpile pad covers approximately 2 acres on land owned by the operator(see enclosed Google Earth
<br /> images of site showing offsite damage). As mentioned above, the Division approved an Import Fill Notice in
<br /> 2017, which allowed the operator to import up to 7,000 cubic yards of silty clay to the site for use in
<br /> reclamation. Based on discussions with the operator during the inspection, it was the operator's understanding
<br /> this imported material could be stored on his property adjacent to the permit area. The operator should be
<br /> advised, any disturbances created at the site in association with the operation, including stockpiling of material
<br /> to be used in reclamation of the site, is considered affected land. Pursuant to C.R.S. 34-32.5-103(1), "affected
<br /> land" means the surface of an area within the state where a mining operation is being or will be conducted,
<br /> which surface is disturbed as a result of an operation. Affected land include, but shall not be limited to, private
<br /> ways, roads; land excavations, exploration sites; drill sites or workings; refuse banks or spoil piles; evaporation
<br /> or settling ponds; work, parking, storage, or waste discharge areas; and areas in which structures, facilities,
<br /> equipment, machines, tools, or other materials or property that result from or are used in such operations are
<br /> situated. The off-site damage appears to have begun at least in June, 2017 after the Division's approval of the
<br /> Import Fill Notice.
<br /> A problem is cited in this report (see Problem #1) pursuant to C.R.S. 34-32.5-116(4)(i) for failure to
<br /> protect areas outside of the affected land from slides or damages occurring during the mining operation
<br /> and reclamation. If the operator wishes to utilize the off-site material for the operation, an Amendment
<br /> application must be submitted to expand the permit boundary to include the stockpile area. Alternatively, if the
<br /> operator plans to use the material on their property, and not for reclamation of the mining operation, a written
<br /> commitment shall be submitted stating as such. Either the above referenced Amendment application or the
<br /> written commitment must be submitted to our office by the corrective action due date. The operator should be
<br /> advised, if a written commitment is submitted, and the Division finds during a subsequent inspection that the
<br /> off-site material is being used for the operation in any way, or the off-site area is being used for another purpose
<br /> associated with the operation, enforcement actions will be pursued.
<br /> The Division re-evaluated the required financial warranty for reclaiming the site in accordance with the
<br /> approved reclamation plan (see enclosed Bond Estimate), and found this amount to be $53,570.00, which is
<br /> $18,313.00 more than the currently held amount of$35,257.00. This is cited as a problem in this report (see
<br /> Problem #2) for failure to maintain the proper financial warranty amount to complete reclamation of the
<br /> affected lands in accordance with the approved reclamation plan. The operator is encouraged to review the
<br /> enclosed bond estimate and submit any comments or evidence of reclamation work completed within 30 days of
<br /> the date of this inspection report. If, by the 30-day corrective action deadline, the Division has not received any
<br /> comments from the operator, a notice of Surety Increase will be issued for the amount calculated in the enclosed
<br /> bond estimate. The operator will then have 60 days from the date of such notice to post the additional required
<br /> financial warranty.
<br /> This concludes the report.
<br /> Any questions or comments regarding this inspection report should be forwarded to Joel Renfro at the
<br /> Colorado Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, via
<br /> telephone at(303) 866-3567 ext. 8147, or email atjoel.renftoAstate.co.us.
<br /> Page 4 of 12
<br />
|