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• (Page 21 • <br />MINE ID k OR PROSPECTING ID R M-83-148 <br />INSPECTION DATE 05/02/97 INSPECTOR'S INITIALS RCO <br />This inspection by the Division was performed as a follow up to the Division's inspection dated 03/20/97, and in response to an <br />accident incident which occurred on 04/23/97. The accident, which this office received report of on 04/25/97, involved a citizen <br />driving his vehicle over the pit's highwall at the south end of the mining area. <br />There are several problems noted on page one of this report, which were also noted as problems to be addressed in the report for <br />the prior inspection. The (pre-existing) problem of the presence and use of an asphalt batch plant is to be addressed by 05/31 /97, <br />unless the operator requests a reasonable extension to the corrective action date. This affects the topics of "general mine plan <br />compliance" and "processing facilities". There were no newly observed problems noted under those topics during this inspection. <br />The other topic, "acid or toxic materials", was also apre-existing problem noted during the prior inspection. There was a small area <br />of apparently spilled fuel which the operator was to clean up by the corrective action date of 04/30/97. (The operator was not <br />present at the prior inspection.) The operator did not perform any clean up of the contaminated soil in question, but did, however, <br />remove a small amount of spilled asphalt near the batch plant's loadout location. This was admitted by the operator to be a case <br />of lack of communication between county personnel. The operator stated that the soil would be cleaned up properly, with a brief <br />report describing the removal and/or disposal. The operator requested a short extension to this correction date, and it was granted. <br />There were no newly observed problems noted under this topic during this inspection. <br />The site of the vehicular accident was observed. There was a bit of the shoulder of the highwall seen to be pushed down onto the <br />cut slope, and scattered broken auto glass on the pit floor at the point of impact. The vehicle has been removed. The road above <br />the highwall was next observed. As the State Patrol trooper's report mentioned, which matches the operator's report, the vehicle <br />was driven onto the private land on which the pit is located through a gate in the property boundary fence south of the pit's <br />highwall, and continued to the south. Upon returning, the turn off at the gate was not taken, but the vehicle was apparently driven <br />north on the private road straight toward the highwall and over it. There was no barrier preventing entrance to the pit at the time <br />of the accident. <br />During this inspection, a new earthen barrier was observed as having been constructed. It completely crosses the road just north <br />of the property gate, and prevents access to the section of private road between the gate and the highwall. It extends from the <br />boundary fenceline on the east to a low cut slope west of the road, which is not easily crossed by vehicle. The barrier is 40 feet <br />long or more, and five feet high, constructed from overburden taken from an area just south of the highwall shoulder near the barrier <br />location. The barrier location and design are such that ordinary vehicles cannot access the private road in that direction and drive <br />north on the road to intercept the highwall or enter any part of the permit's current area of activity. <br />The pit is and was accessible by the permit's main entrance, which is on a more major road and is clearly identified as a permitted <br />gravel pit. The boundary of the permit area on the southeast and south sides Ithe proximity of the accident) is delineated by <br />fencelines along the property boundary, though no identifying sign is or was posted at the gate used by the driver of the vehicle <br />in the accident. Based on the requirements set forth in Rule 3.1 .12, concerning posting signs and markers at a permit area, there <br />does not appear to be a problem at this time under the topic of "signs and markers". <br />Attached to this report, for the benefit of the parties other than the operator who are being sent a copy of this report, is a diagram <br />of the area. The diagram was supplied to this office by the operator. <br />There were no new problems observed during this inspection. <br />If there are questions concerning this report, please contact this inspector at the following address or phone <br />Division of Minerals and Geology <br />484 Turner Dr., Suite F-101 <br />Durango CO 81301 <br />Phone: 970/247-5193 or 247-5062. <br />cont... <br />