Laserfiche WebLink
(Page 3) <br />MINE ID # OR PROSPECTING ID # M-1991-146 <br />INSPECTION DATE 4/9/04 <br />INSPECTOR'S INITIALS WHE <br />The primary evidence of dozer activity on Patterson land was a small pile of rock, approximately 5 <br />feet wide, by 10 feet long, by 2 feet high. Mr. Patterson indicated this was evidence of trespass. <br />ZMK representatives, however, did not agree with the notion of trespass and said that a ZMK dozer <br />operator had removed logs from the Patterson property at the request of Steve Ingram. DMG did not <br />observe evidence of mining activities, as defined by Construction Materials Rules 1.1(26), (27), or <br />(31). The available evidence does not indicate that ZMK conducted mining activities on Patterson <br />lands. Therefore, DMG appears to have no jurisdiction to address the issue of ZMK equipment being <br />on Patterson lands. (Photo 1) <br />No recent bank erosion was evident on the Patterson property. A small, N-S trending, high-water cut <br />bank appears along the eastern base of the berm on Patterson property, and here the presence of <br />sediment and willows indicate the berm has been relatively stable for at least several years. On the <br />north end of this cut, on ZMK property, some willow roots are exposed, indicating erosion within the <br />last several years. On the south end of this cut, which is on the Patterson property, there is no <br />evidence of recent erosion. New willow shoots are present here; no roots or other evidence of recent <br />side cutting was seen on the Patterson ground. (Photos 1 & 2) <br />North of the Patterson property, on land owned by ZMK, the existing levee failed in 2003 and formed <br />a breach approximately 600 feet long. By the time of this inspection, the landowner, ZMK, had <br />repaired all but the southern most 100 feet of the levee. The Division discussed with ZMK whether <br />this remaining portion of the breached levee might be repaired by ZMK. DMG inspectors noted to <br />ZMK that repairing this breach (which is upstream of the permitted area, and which mining did not <br />evidently cause) is not within DMG's jurisdiction. (Photo 3) <br />DMG inspectors discussed elements of river geomorphology with Mr. Patterson and Mr. Williams. It <br />was noted that the Uncompahgre River in this area is aggrading; that the riverbed gradually <br />increases in elevation due to a net deposition of bed load rather than a net erosion of bed load. We <br />explained that unless the levees are consistently maintained and their height increased, then lands <br />alee of the levees will be inundated with high flow runoff. We explained that the river channel is <br />dynamic; that it should be expected to erode laterally without heroic and expensive efforts to contain <br />its high water channels within a controlled area. We expressed our opinion that the Patterson <br />property and adjacent properties lie in flood prone area, and that unless upstream property owners <br />continued to maintain the west bank levee, the Patterson ground might be flooded by any future <br />runoff from snowmelt. <br />DMG inspectors indicated to Mr. Patterson that we saw no evidence of erosion caused by mining at <br />ZMK. Mr. Patterson, Mr. Zannett and Mr. Kline all indicated a willingness to work together to resolve <br />issues in the future. <br />General Inspection Topics <br />The ZMK Gravel Pit is located approximately 5 miles north of Ouray, in portions of the NW '/4 of the SW <br />'/4 of Section 2, T44N, R8W, NMPM, Ouray County. The reclamation permit is approved for 8.72 acres <br />affected area, for extraction and processing of alluvial materials from the Uncompahgre River channel. <br />Affected lands will be reclaimed to support industrial post mining land use. DMG holds $3,750 financial <br />warranty. Permit status is active. <br />