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• (Page 2) • <br />M121E ID ~ OR PROSPECTING ID # M-84-097 <br />INSPECTION DATE 10/12/94 INSPECTOR'S INITIALS RCO <br />OBSERVATIONS <br />This inspection was performed by the Division as part of its ongoing monitoring of 110(2) <br />permits. The operator was contacted about the inspection. A meeting with the operator (Kent <br />Hager) was held at the courthouse before going to the site. Another representative of the <br />operator, named on page 1, accompanied this inspector to the site. <br />This being a county pit, there is no financial warranty and no requirement for a etormwater <br />management plan. <br />There was a sign at the entrance gate, and there were adequate markers delineating the permit <br />boundary. This permit area lies very near to another permit area (M-81-150), for which Colo <br />Dept of Transportation is the permittee. On the ground it appears that there is some overlap <br />of the two permit areas, though the mapped descriptions reflect that there is no overlap. <br />There ie no stockpile of topsoil in the permit area. Observation at the site indicated that <br />there ie topsoil in the area, but apparently none has been saved. (There is a statement from <br />the operator, in 1986, that there is topsoil stockpiled, but there is no pile now.) The <br />approved reclamation plan states that there would be approx 4 to 6 inches of topsoil put back <br />during reclamation. when incremental or final reclamation occurs, the operator must ensure <br />that adequate amounts of clean topsoil are available to reapply to the graded surfaces. In <br />total, given a permit area of 4 acres, and topsoil of 4 inches of minimum depth, there must <br />be approx 2300 cubic yards of topsoil. The lack of adequate topsoil ie noted ae a problem <br />on page 1, and the corrective actions are shown on the last page. <br />The operations within this permit area have reached the southern and northern boundaries, and <br />have not yet reached the eastern boundary. The western aide of the permit area, closest to <br />the other nearby permit area, ie where the majority of the large stockpiling ie going on. <br />The stockpiles of gravel, in fact, extend beyond the western permit boundary. Due to the <br />discrepancies of the relationship of the locations of the two pits, what ie not known at this <br />time ie how much of the operator's activities lie within the nearby permit area, or how much <br />"unpermitted" land lies between them. At this time it ie also not known if an agreement <br />exists between the two permittees, allowing Mineral County to stockpile on the CDOT permit <br />area. <br />At this point, this discrepancy ie regarded as a problem in the "records" and "general mine <br />plan compliance" topics (page 1), for having an inadequate map in the files, and Bite <br />act ivitiee which do not match the approved plan. What would help clear up this ie for the <br />involved parties (ie., Mineral County, CDOT, and USFS) to have a resurvey of the two permit <br />areas, to determine if there is overlap, and to show the locations of all disturbance and <br />activities on the sites. The map and descriptions should be submitted first, ae noted on the <br />last page of this report. Until an adequate map ie submitted, no off site damage will be <br />considered as a possible violation, since it is not known at this time if there ie offeite <br />damage or how much there might be. <br />The files also show that this permit was first issued as a 111, project-specific permit. <br />Almost from the beginning, however, the permit has been treated as a 110(2) permit, yet there <br />is no documentation in the files reflecting the change. If the operator can locate any <br />documentation showing the changing of this permit type, please submit it. <br />Mr Rogers indicated several other markers onaite, delineating an extension to the original <br />permit area, ae authorized by the landowner, USFS. The operator should be aware that such <br />an extension ie not yet part of the approved MLRB permit, and must not be dieturDed until it <br />is approved. A change such as that requires a new 110 application, if total area ie still <br />below 10 acres. <br />There were no other problems noted at the Bite. <br />The above-mentioned conditions were discussed with the operators representative (Danny <br />Rogers) onaite. The next morning a meeting with both Mr Rogers and Kent Hager was held in <br />the courthouse to again discuss these problems. The USFS representative was not able to <br />attend. <br />