INSPEC02714

• Permit No: C1981023
• IBM Index Class Name: Inspection
• Doc Name: INSPECTION REPORT
• Inspection Date: 12/20/1999
• Media Type: D
• Archive: No

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lll. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made during the
inspection. Comments also describe any enforcement actions taken during the inspection and the facts or
evidence supporting the enforcement action.
This partial inspection of the Chimney Rock Coal Mine occurred in response to operator
request. Dale Hockett, local caretaker for the coal mine, called during the morning of
12/20/99 and stated that Corey Hutchinson, of Aqua Hab, was removing large rock
from areas along the northeast boundary of the coal permit area. Given the potential
for adverse impacts to reclaimed areas and possible violation of the Construction
Materials Act and Rules, DMG responded with an on-site inspection. After the
inspection, DMG staff was contacted by Nick Mezei with the U.S. Army Corps of
Engineers. Copy of an a-mail correspondence from Mr. Mezei, dated 12/22/99, is
attached to this inspection report. Observations from this inspection, not associated
with the coal permit area, are recorded under DMG file number M-1999-122.
Corey Hutchinson was located beyond the northeast boundary of the coal permit
boundary. Ms. Hutchinson indicated that she had permission from the landowner,
Melvin Martinez, to remove large rock and brush from areas along Stollsteimer Creek.
Ms. Hutchinson indicated that the landowner desired to have the rock and brush
removed to enhance livestock grazing along Stollsteimer Creek. Ms. Hutchinson
indicated that she intended to utilize the rocks for a channel bank stabilization and fish
habitat improvement project on the Piedra River.
Ms. Hutchinson's activities within the coal permit boundary appeared to be limited to
areas immediately adjacent to Stollsteimer Creek, in portions of the E '/z of the SE 1/4
of the NE 1/4 of Section 30, T34N, R4W, NMPM, Archuleta County. Evidence of Ms.
Hutchinson re-affecting reclaimed areas was not observed. Surface disturbance
created by Ms. Hutchinson, and located within the coal permit area, appeared to be
limited to removal of some Gambles oak brush and equipment tracks, no excavations
were observed. A tracked excavator had been utilized to pluck individual rocks from
the colluvial debris at the base of the sandstone cliffs. A rubber tired loader was
utilized to relocate the rocks to a truck loading area, located beyond the coal permit
boundary and adjacent to Hwy 151. The front end loader appeared to have utilized
pre-existing ranch roads. Evidence of rocks being removed from the cliff face, or from
the crest of the sandstone outcrop, was not observed. Stability of the sandstone
outcrop appeared un-affected by the rock picking activities. Ms. Hutchinson indicated
that she was required, by her agreement with the landowner, to revegetate affected
areas with rangeland grass species.
Ms. Hutchinson indicated that the landowner had not informed her of the coal permit
area. Additionally, Ms. Hutchinson stated that she was not aware of the coal permit
boundary because the permit boundary markers were not visible. Apparently, the
permit markers had been recently knocked down by livestock. Upon discovering the
prostrate boundary markers, Ms. Hutchinson contacted the coal permittee. The
permittee re-posted the markers and contacted DMG.