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• (Page 2) MINE ID # OR PROSPECTING ID # M-60-085 INSPECTION DATE 07-01-99 INSPECTOR'S INITIALS ESC OBSERVATIONS This was a follow-up inspection to the August 28, 1998 inspection of the Vagneur site conducted by Erica Crosby of the Colorado Division of Minerals and Geology. Tom Logue of Elam Construction was present during the inspection. Weather conditions on site were clear and warm. Ground conditions were dry. A number of problems were noted during the August 28, 1998 inspection that have not been adequately addressed by the operator. 1) The original application (1980) submitted to the Division states, the surface area of the excavation would consume 7.6 acres. However, since stockpiles and other operations are to take place on the remaining portion of the property, the affected land, for purposes of this permit application, is to be the entire 104.72 acres." It was also stated in the adequacy review letter sent by the Division that if there are plans to excavate beyond the 7.6 acres, then a technical revision or amendment to the permit will be necessary. A technical revision was submitted in 1992, but only addresses relocation of a road, establishment of an employee housing area, and the designation of a 40- acre area within the permit area that would not be disturbed by mining. The permit approved in 1980 depicts an excavated and reclaimed area of 7.6 acres, the office area, employee housing and a future gravel storage area. The mining and reclamation plan does not take into account the larger pit area (nearly 60 acres in size), the concrete plant and associated pond, the asphalt batch plant, the evaporation pond, hauling in material from off Site to be used for reclamation, interception of ground water and pit dewatering. In addition, the permit does not include the 1 mile long road leading to the facility (estimated 2.5 acres). The operator was required to submit an amendment to the permit which updates the permit with the appropriate disturbances and facilities (batch plants and ponds) noted on site. The submittal due date was set for December 1, 1998. 2) The operator partially addressed the oil spill and possible contamination of soil and groundwater near the asphalt batch plant in a letter dated December 2, 1998. However, the operator will need to submit verification that the soil is not contaminated or that the contaminated soil has been removed and properly disposed. A plan to prevent this from happening in the future must also be included in the permit amendment. Due to the outstanding correction actions noted above, the Division believes that the operator may be in violation of the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Construction Material Rules and Regulations. Specifically; • C.R.S. 34-32.5-116(1) and Rule 6.4.4- Failure to describe the major components of the mining operation such as roads and access routes, pit size, asphalt and concrete plants & processing facilities. • Rule 6.4.7- Failure to state that groundwater will be intercepted and state how mining will minimize disturbance to the hydrologic system and prevent off-site damage. Failure to specify how Elam will comply with applicable Colorado water laws and regulations governing injury to existing water rights. Rule 3.1(9)- Failure to notify the Division and meet the performance standards of Rule 3.1(9) to backfill structural fill in the pit generated outside the approved permit area. The Division will schedule this matter before the August 25-26, 1999 Board Hearing. If a complete amendment is filed prior to this date (no later than August 10, 1999), the Division will consider withdrawing the item from the Board's agenda. I & E Contact Address ^ CE NAME Thomas A. Logue ^ BL OPERATOR Elam Construction ^ FS STREET 1225 South 7th Street ^ HW CITY/STATE/ZIP Grand Junction, CO 81501 ^ HMWMD (CH) nt DMG cc: Carl M o u ; ^ SE ~(~ ~') i1 1 ~ ...'(' / V~ 13 W ~ g~ CERTIFIED MAIL N ~q ° ^ WQCD (CH) OTHER: RETURN RE~cIPT R~~QUESTEIa