2023-11-06_ENFORCEMENT - M2023031

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FILE#:M-2023-031 INSPECTOR'S INITIALS:ERR INSPECTION DATE:October 30,2023 PROBLEMS/POSSIBLE VIOLATIONS INSPECTION TOPIC: Availability Of Records POSSIBLE VIOLATION: Failure to first obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining operation as required by 34-32.5-109(1) C.R.S. CORRECTIVE ACTIONS: This possible violation has been scheduled to be considered by the Mined Land Reclamation Board during the December 13-14, 2023 Board meeting. Official notice of the schedule and other details for the MLRB hearing will be provided under a separate document to be sent via certified mail to the Operator. CORRECTIVE ACTION DUE DATE: December 13-14,2023 OBSERVATIONS On August 25, 2023, the Colorado Division of Reclamation, Mining and Safety (Division) received a citizen's complaint regarding a possible unpermitted mining operation in Teller County. The complaint alleged Mike Brown Excavating was using big equipment to pile dirt and was removing 14-15 dump trucks of dirt a day from a parcel owned by Michael Brown located 3 miles northeast of Cripple Creek, Colorado. On August 28, 2023, the Division received supplemental photographs of the activity. Shortly thereafter, the Division spoke with Mr. Brown, discussed the alleged activity, and scheduled a site inspection. The Division has assigned File No. M- 2023-031 for this site. The Division met Mr. Brown at the excavation on his patented Wild Cat Claim located south of Highway 67, approximately 0.45 miles west of County Road 81. Specifically, the site is located in the northwest quarter of Section 4, Township 15 South, Range 69 West of the 6`h Principle Meridian, at 38°46'47.40"N 105' 7'41.42"W. The excavation was accessed by traveling south on an existing driveway for approximately 1,800 feet. Mr. Brown stated he began earthwork activities at the site in early August to construct a large flat pad that he could use in the future to build an equipment shop and have a storage area for his excavation company. Mr. Brown informed the Division that 20 dump trucks of dirt had been removed from the site and this material was taken to various job projects as well as another one of Mr. Brown's properties a few miles away. He indicated his project was considered long term as material generated from the project will be removed on an "as-needed" basis, and therefore, he stated he wouldn't be able obtain the 111(1)(b)permit as this requires activities to be completed within one year. Mr. Brown stated that before starting excavation activities, he had Art Braun with Braun Environmental, Inc. prepare a Site Plan to be provided to Teller County to determine if a grading permit was necessary. He stated that Teller County did not require any county permitting until he was going to build the equipment shop and then this may require a county building permit. This Site Plan was electronically provided to the Division following the inspection. The site consisted of a single excavated area into a south facing hill side just north of a drainage and small pond. A product stockpile was located at the toe of excavated slope with one topsoil stockpile located above the excavated area and two on the south side of the disturbed area near the drainage. The Division acquired GPS data with a Trimble Juno 3B and used Google Earth to determine the disturbance was approximately 1 acre in size. The Division has attached 9-27-23 Inspection Map M2023031 to this report which depicts the size of the disturbance area. The Division used the maps within the Site Plan, as well as information on the Teller County Assessor's online map viewer, to depict the approximate location and size of Mr. Brown's Wild Cat Claim parcel, the approximate disturbance footprint by comparing the Topographic Map—Current Surface to the Topographic Map—Shop/Work Area, and the flat pad area on the Division's inspection map. Page 2 of 6