INSPEC00936 - Laserfiche WebLink

Home Browse Search

• (Page 2) • • MINE ID # OR PROSPECTING. ID # N-94-103 INSPECTION DATE 06/07/95 INSPECTOR'S INITIALS RCO OBSERVATIONS This inspection was performed by the Division to follow up the Board-issued cease and desist order, and to discuss the progress of the Hoard-ordered 110 application with the operator. The operator named on page 1 was contacted about the inspection and was present for it. This ie still an unpermitted site. It consists of two adjacent pits, both with current disturbance, accessed by a common road. A permit sign was observed at the entrance to the site. It displayed the file number for this site, which will be the permit number after the permit ie issued. No boundary markers were observed. Until the application ie approved, markers and identification signs are not required. After approval, however, markers and signs must be maintained until the site is released. There was no posted notice observed at the entrance, or anywhere along the boundary facing the highway, though such a posted notice is required for a proposed pit. The operator was again made aware of the need for this notice, and that certification for such posting must beeubmitted to the Division in the application. The operator has a copy of the required language to be used in said notice. The eastern pit on the Bite was found to be undisturbed by recent activity. The water level in the bottom was substantially lower than what was observed in September 1994. While this inspector and the operator were in the east pit, two dump trucks were seen to leave the site from the west pit. The inspection of the east pit ended there, and and this inspector and the operator drove over to the pit on the western portion of the site. In the west pit a wheeled loader (Fiat Allis/FR 15) was found to be idling unattended adjacent to a recently disturbed gravel pile. The logo on its door read "COStilla County." The operator accompanying this inspector stated he had no knowledge that this activity was occurring here. After a ten-minute wait, the two trucks returned. They also were county- owned (license nos. 662A46 and 668A46), and driven by county road personnel. When asked, they stated that this material was being taken to a washout on County Lane 6, several miles from this pit. The work was authorized by their road supervisor, Mr. Vince Limtiaco. Material was being taken from a small, new pile in this pit, which was of a nature different and presumably better than that found at the permitted site (M-80-233) about two miles away. They said that they had taken about ten loads, and operations had only occurred today. The drivers attempted to reach their supervisor by radio, with the message to meet here at this pit. The accompanying operator representative, and the two drivers were then informed that there were to be no further operations to be carried out in either of the pit e, no stockpiles removed, all equipment was to be evacuated, and the entrance locked. They were told that this would remain in effect until permit issuance. The supervisor did not arrive at the site before the end of the inspection. This inspector did remain there until all equipment was removed. Mr. Limtiaco was present at the next inspection (at nearby M-80-233) and this situation was explained to him. He admitted that he authorized the activity at the unpermitted site. He stated that he had seen the identification sign at the entrance and assumed that the site was now permitted. He was told that the application was not approved yet. Because there ie a Board Order requiring that all activity cease and desist at this Bite until it ie permitted, the county appears to be in violation of the Board Order. A letter will be sent soon to the operator explaining the possible violation, and containing the date of the Board meeting during which this matter will be heard. The operator ie urged to complete and submit all the remaining items, with all possible diligence, toward obtaining the new application at this site. All required items and actions have been explained verbally and in writing to the operator's several representrativee numerous times. There are still items to be submitted before the application ie complete. The Division understands the local need for use of mined material, but this pit cannot be used until it is permitted. It ie possible to request an exemption, pursuant to Minerals Rule 2.5, for emergency situations, for example. A copy of Rule 2.5 is enclosed.