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(Page 2) MINE ID # OR PROSPECTING ID # M-80-052 INSPECTION DATE 12-28-93 INSPECTOR'S INITIALS ACS OBSERVATIONS RELATED TO THE COMPLAINT This inspection was conducted ae the result of a complaint referral from the Colorado Department of Health (CDH Log # 931201). The referral stated that a citizen had filmed activities at the pit using a video cassette camera. The citizen reported that the tape ehowe A&S Construction employees burying lime at the site and dumping petroleum product on the ground. The Division has obtained a copy of the tape. The permittee may view and/or copy the tape at Division offices. At the time of this inspection, moat of the pit and processing areas were covered by several inches of snow, and it was noted that the ground ie frozen solid. It was determined that A&S Construction had set up a crusher array and an asphalt batch plant at the south-central portion of the permit area. .Two small water pits had been excavated to support the batch plant. The video tape shows that lime spread over the surface of the processing area was back-filled into the water pit a. It is not evident from the tape how much lime was placed in the pits - it appears,that the lime may have been present on the surface simply from spilling incidental to the operations. Small amounts of lime were observed on the surface in the processing area during the inspection; the back-filled water pits were covered by snow and could not be inspected. Small amounts of lime spilled at a gravel pit and subsequently covered during re-grading will not create an environmental problem - lime ie not a hazardous substance unless it ie grossly mie-handled, e.g., large amounts of lime placed below or near the water table could elevate ground water pH, or lime that is not covered with sufficient soil could limit re-vegetation.efforta by raising soil pH. Based on information contained on the video tape, the Division will require that the permittee determine the quantity of lime present in the proceaeing area, and if it more than a trivial amount, remove it from the site and dispose of it properly at a landfill. The investigation into the amount of lime left on the site should be conducted using a backhoe or loader once the ground has thawed - the permittee must notify the Division at least two weeks in advance of excavation so that a Division inspector can be at the Bite. If it becomes evident that lime was mishandled at the site, the permittee could be subject to a violation; if the lime at the site ie a small quantity present incidental to normal operation, the matter can be dropped. The video tape ehowe several 66-gallon drums stored in the proceaeing area. There is no evidence of dumping of liquid on the tape; there is no evidence that the drums were mishandled on the tape. There were no drums at the site at the time of the inspection. It could not be determined if oil, fuel, solvent, etc. had been spilled due to snow cover. The possible dumping of petroleum product that was reported to the Division will be investigated when the ground has thawed, at the same time as the inspection referenced in the previous paragraph. If it is evident that any industrial fluids have been mishandled, the permittee will be required to remove and dispose of any contaminated soil, and may be subject to a violation. The Division's jurisdiction over the matter of the lime and the 55-gallon drums can be found in Section 34-32-116(7)(d) C.R.S. (Colorado Mined Land Reclamation Act) which states: All refuse shall be disposed in a manner that will control unsightliness, or deleterious effects from such refuse. The permittee should refrain from earth-moving activities in the area of the affected lands in question until the Division has made its inspection once the ground has thawed. ADDITIONAL OBSERVATIONS The bulk of the disturbance at the site, including all of the area of gravel extraction, ie within phase 1, or the western half of the permit area. Some of the processing and stockpiling activities may have encroached into phase 2. The operator has mined to the south boundary of phase 1, and has partially back-filled the south perimeter high wall with over