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<br /> <br />by 12-12-95 for the settling pond structure and <br />submitted as a revision to the permit. <br />I have contacted the Engineering firm of Tuttle and <br />Applegate to help me determine if this pond is in the <br />jurisdiction of either the State Engineer or MSHA. If it is <br />not, Tuttle and Applegate will help me address the needs of <br />the Division in this matter. This, however, is impossible to <br />complete in seven days. <br />PB-2 The approved mining plan allows a maximum disturbance <br />of 23 acres for the settling ponds, roads, processing <br />structures, and storage, working and parking areas. <br />Because the pit and settling pond have been enlarged <br />the operator will need to submit a map showing all <br />current disturbance and include a calculation of the <br />total disturbance and a revised reclamation cost <br />estimate. If the operator will be submitting an <br />amendment, this needs to be included. <br />The pit and settling ponds have not been enlarged by Zigan <br />Sand & Gravel, Inc. to this date. We do intend to enlarge them <br />eventually, therefore we will submit a plan shortly for doing <br />so. <br />PB-3 Refuse consisting of scrap iron and discarded equipment <br />was observed in the equipment and machinery storage <br />areas. Waste oil stained soil was observed in the <br />equipment storage areas. Several fuel storage tanks <br />were also observed in these areas with no spill <br />containment structures. <br />Corrective Action: The contaminated soil needs to <br />be removed and properly disposed and a copy of the <br />bill of lading or landfill receipt provided the <br />Division. All fuel tanks on site must have appropriate <br />spill containment structures. The refuse needs to <br />be disposed of pursuant of Rule 3.1.5(5). Submit <br />photographic verification of all of the above to the <br />Division no later than December 12, 1995. <br />M & M Mining left this site in terrible condition. By <br />September 28, 1995 we had removed 169.9 tons of scrap metal <br />from the mine. In so doing the contractor we hired to remove <br />the scrap left 2-3 tons of small scrap metal pieces behind. <br />He finished removing the bulk of scrap on or before September <br />28, 1995, the date of the inspection. When Mr. Curtiss noticed <br />and pointed out to me the scrap remaining, I immediately called <br />the contractor to clean up the remaining mess. He responded <br />that he would. He has not done so to this date. Now it is <br />frozen to the ground and covered with snow. <br />-3- <br />