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• (Page 2) <br />MINE ID # OR PROSPECTING ID # M-89-029 <br />INSPECTION DATE 9/26/2001 INSPECTOR'S SNITIALS TP.S <br />OBSERVATIONS <br />1. A site inspection was Conducted in response Co a written complaint received from Mr. Ted <br />Cox. on March 29, 2001 where concerns were noted for both the Longmont Distel Operation (M-89- <br />029) and the Longmont Operation (M-94-027). (Please see attached complaint letter). Present <br />during Che site inspection was Connie Nickle Davis of Aggregate Industries, Inc. It should <br />be noted that similar complaint letters were submitted to the Division in early 2000 and on <br />1/9(2001: with each being followed-up by a Division site inspection. (Please see attached <br />correspondence). The following are concerns noted in Mr. Cox's March 28, 2001 letter and the <br />Division's response to each concern. <br />2. Air Quality Fugitive dust and diesel emissions are concerns that are regulated under the <br />authority of the .Air Quality Control Division of the Colorado Department of Public Health & <br />the Envirorvnent. Any concerns relating to dust control and diesel fumes/emissions should be <br />directed to such Division. <br />3. Noise, Traffic, Negative Proyerty Values: These concerns are not within the regulatory <br />authority o1: the Colorado Land Reclamation Act for the Extraction of Construction Materials. <br />Any such concerns should be directed to the Weld County Planning Commission. <br />4. Miles of Unreclaimed River Hottom: Various portions of the total 530.3 permitted acres are <br />now disturbed. The site was originally permitted for a total of 114 acres in 1989, but has <br />since been amended three (3) times, with each amendment to add significant acreage. The <br />530.3 permitted acres now includes the following properties: plant siCe, Peschel, Sherwood, <br />Bigelow, Distel, and Longmont. The Tull property (approximately 230 acres) is permitted as <br />the Longmont Operation, Permit No. M-94-027. The original permit specified the following <br />conditions: a) mining will be done by phases with a maximum pit disturbance of 8 acres, b) <br />mining will be completed in approximately 10 years, c) mining and reclamation of each phase <br />will be done contemporaneously in order to minimize the total amount of disturbed acreage at <br />any time during the operation, d) when mining is completed in one phase and moves to the next <br />phase, reclamation activities will begin immediately on the completed phase, and e) the total <br />maximum disturbance, including mining and reclamation, at any one time will be 27 acres. <br />Each successive amendment specified mining in phases with a maximum disturbance at any one <br />time and contemporaneous reclamation to minimize the total amount of disturbance at the site. <br />Amendment No. 1 was approved in 1999 to add 132.95 acres to the 114 acres originally <br />permitted an3 specified mining in phases of 17-35 acres with a maximum disturbed area during <br />mining of 5:. acres. Amendment No. 2 was approved in 1998 to add 98.9 acres for a total <br />permitted acreage of 330.7 acres and specified mining in two (2) phases of 44.6 acres and <br />47.9 acres. Amendment No. 3 was approved in 2000 to add 239.4 acres for a total of 570.1 <br />acres and specified a maximum disturbance a[ any point during the operation of 214.8 acres. <br />Rule 3.1.3 Bind Section 116 (9)(q)(II) of the Act ("Colorado Land Reclamation Act for the <br />Extraction cf Construction Materials") require that the operator carry out reclamation to <br />completion with all reasonable diligence, and each phase of reclamation shall be completed <br />within five i5) years from the date the Operator informs the Board or Of Eice that such phase <br />has commenced, unless extended by the Board or Office. The 5-year period may be applied <br />separately to each phase as it is commenced throughout Che life of the mine. <br />