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fl age 3) MINE ID # OR PROSPECTING ID # M-2002-106 , INSPECTION DATE 9/23/02 INSPECTOR'S INITIALS RCO One small area of thistle was observed on the east side of the pits, covering about 300 square feet. The operator stated he would remove the plants entirely during the next few days. The only map of the operation shows the location and configuration of the boundary of the 3-acre rectangle. No detailed map of the operation exists in the permit file, to show how the extraction or reclamation would proceed across the site. A survey was performed by this inspector during the inspection, to be able to generate a rough map of the perimeter of the disturbance, locations of roads, stockpiles and pit margins. The survey data were drafter after the inspection and the resulting map sketch is included with this inspection report. The area affected to-date was calculated by computer plotter. The pits have a combined acreage of 1.26 acres, but the overall affected area is 3.78 acres. which is beyond the size of the originally-approved permit area. There are several current issues which must be addressed by the operator at this time. Though the original operator had posted a bond and obtained a permit, no annual filing of reports or fees was ever done. This was brought to the attention of the operator in the 1981 inspection report, but was not followed-up on by either the operator or the Division. Annual fees should have been paid every year. The total due, going back for the 24 years since permit issuance and including all fee increases, comes to S3.OOZ. Because this Division did not follow up this problem or this file in any manner the oast fees will be waived entirely. However, if the operator wishes to continue this operation, future annual fees must be paid. The fee fora 110 permit is S281. This type of operation is a 110 permit, which may include any area less than 10 acres (often areas of 9.9 acres are approved in a 110 permitl. This operation applied for 3 acres and was so approved. But it has proceeded to the point that it_is now in excess of the originally-approved 3-acre Gmit. The standard method of adding new acreage to a permit area is by the "amendment" process, and this is felt to be what this operation needs. There are problems noted on page one of this report under the topics of "records' and "offsite damage." The correction of these problems will be for the operator to submit an amendment to the permit, which will include current information on the new 110 application form, showing a new total permit acreage oermittee contact name etc The amendment application materials must also include the needed "exhibits" showing updated information such as maps of the way the site exists presently how it will be further mined, and how it will appear when it is finally reclaimed. Anew total acreage of up to 9.9 acres may be applied for, but it must include the current 3.8 acres. The new 9.9 acres should be laid out and described as the area the operator feels will most likely contain the bentonite deposits to be mined in the future. (The sketch maps drafted by this inspector may be used, if desired, but proper modifications must be made to fulfill the different map requirements.) Additional to the application form and the updated maps are the need for updated details of the mining and reclamation plans. It seems that the operator has followed the ofd plans for the most part, and new plan submittals may draw upon old information, but a few minor details should be added. Such'as: will there be one or several ponds, will the ponds be kept full of water, and by water from what source? Also, how much of the average 24-inch depth of topsoil/overburden will be replaced? How much total land area will be disturbed at any one time, and closely will final reclamation followl These details are basic and required of all operators. Their importance lies in the fact that they are used to calculate a bond amount to be posted. The new 110 application and its attached exhibits were discussed with the operator, and a current set of the Construction Materials Rules and Regulations was delivered to the operator. After review of these new materials, the Division will calculate a new bond amount, which must be submitted before the operator mines the site further. The permit amendment application must be made on the application form and the exhibits etc must follow the requirements shown in Rules 6.3.1 to 6.3,12. The operator should note that 110 permit amendments carry a fee of 5719. which unfortunately cannot be avoided since this is the only means to bring new land into a permit. Please see the last page of this report for the correction date by which this amendment application is to be submitted. (If there are questions about these materials, exhibits, application process, or anything else concerning this situation, please contact this office.) The operator inquired about whether a reclamation permit was required if the site is to be licensed and converted to a landfill. It is hypothetical at this time, but it is felt that if a proper "certificate of designation" is issued by the Colorado Dept. Of Human Health and Environment (CDPHE) and the operator no longer sells and exports material from the site, then the Division's reclamation permit will no longer be needed. Further information will be required to make a definitive determination.