2003-05-19_INSPECTION - M2001054

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(Page 3) MINE ID#OR PROSPECTING ID# M-2001-054 INSPECTION DATE 5/7/03 INSPECTOR'S INITIALS RCO The trees in the buffer area mainly act as a visual screen,and simply cutting them down is a topic outside thejurisdiction of this office. However,the roadbuilding and earthmoving in the buffer strip were carried out in support of the mining operation,and are therefore activities that are under the jurisdiction of this office. Though the trees in the buffer that have been cut cannot be immediately replaced,the steep highwall must immediately be stabilized by backfilling and compacting all excavated areas in the 20-foot buffer, up to its previous grade, and reclaiming the road in the 20-foot buffer. The complete backfilling must be performed to eliminate potential slope failure which could cause offsite damage and/or damage to property owned by others, and since excavation was carried out in an area not approved for such material removal. Earthmoving equipment should not be operating above the highwall, since that would place it outside the permit boundary or in the buffer itself; backfilling and compacting must be performed from below the highwall. Equipment operation in the 20-foot buffer should be avoided or minimized when carrying out this remediation to minimize permit-related disturbance that must ultimately be reclaimed by the operator and must be bonded for. The situations described in the preceding paragraphs together constitute a problem,as noted on page one of this report. The list of activities required to correct the problem are: (1) to perform all necessary stabilization earthwork to the roadcut along the northern boundary,with proof of finishing the earthwork to be received at this office by May 31, 2003; (2) to construct the runoff channel as proposed for Bridal Veil Creek,with proof of finishing the channel to be received at this office by July 31, 2003; (3) to construct the sediment pond as designed,with proof of finishing the construction and certification of the structure to be received at this office by July 31, 2003; (4) to cease using Bench#2, until such time as Bench#1 is finished(excavation,shaping and grading)and its upper slope is established; (5) to seed all buffer areas that are being remedied, according to all aspects of the revegetation plan in the approved reclamation plan(seed mix and date of seeding,for example). Proof of such seeding is to be received at this office by November 15, 2003. The above items are all combined together as one problem, as shown on the last page. The corrective action to this one problem is to commit, in writing, to performing this list of activities, each one by its own deadline date. Such written commitment is to be received at this office by May 31,2003. See the last page for the corrective action and correction date for problem #1. An alternative to performing the above-listed corrective actions (which will continue to be required as long as the permit's approved mining and reclamation plans remain in effect)would be to revise the permit to allow a different sequence of activities or phases in the mining plan, as well as allow more disturbance at any point in time. Be aware, however, that such changes constitute a technical revision, for which there is a $188 fee, and will involve an increased bond amount for the increased amount of disturbance. Also be aware that requesting a technical revision will not eliminate the requirement to perform all necessary site stabilization work, nor postpone all corrective action dates. The channel and sediment pond are to be constructed during the initial activities carried out on the site,mainlydue to the need for runoff and sediment control. The increased level of onsite activity has not accounted for the increased potential for uncontrolled sediment releases. Since these structures are not constructed at this time, even though the operator has commenced other excavation activity on the site, a problem has been noted on page one of this report, under the topic of 11stormwater management plan:' The corrective action is to construct the channel and pond as approved in the plan, by the date stated in the previous problem description (by 7/31/03). See the last page for the correction date for problem#2. (Note: The survey staking for the channel was observed during the inspection. The operator also stated that he would prefer to use a riprapped spillway outlet for the pond,rather than the culverted outlet. If such modification is desired, it may be implemented if the function and capacity of the pond and outlet do not change. Such a change does not constitute a technical revision,but the request should be accompanied by engineered drawings demonstrating the adequacy of the structure.) Preliminary activities for constructing the second access road(from the south)have started. The approved plan states that the construction of the second road is not to begin until the first bench is finished and lower (northern) road abandoned and reclaimed. Presently, much of the location of the second road has been cleared of about half its trees and some bulldozing has occurred. No berming or soil stabilizing has been carried out. In addition to this area of disturbance being created out of sequence with the approved plan, it is not to be affected until an amendment is approved for its development. The additional disturbance of this road cut is not adequately covered under the posted bond. The corrective action will be to grade and seed this area (since it must be stabilized until approval for development). The topic of"roads" has been noted as a problem on page one of this report. See the corrective action and correction date on the last page of this report for problem#3.