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• (Page 21 • MINE ID # OR PROSPECTING ID # M-77-129 INSPECTION DATE 8-24-99 INSPECTOR'S INITIALS SSS OBSERVATIONS This was a combination pre-operational inspection and area release inspection for portions of the Whitewater Pit 500 that are being added/removed from the permit area through Amendment No. 2. This inspection confirms that the 38.68 acres located on the west end of the North Area, that is the parcel identified for release in Area Reduction Request No. 1, is a parcel that is undisturbed by mining operations. The Division recommends release of this parcel. Parcels to be added to the permit area were observed, and pre-operational photos were taken. The majority of the areas of expansion are currently well-vegetated irrigated pasture. Remaining areas are sparsely vegetated dry rangeland or small ranch facilities yards. The operator indicated that the current noxious weed infestations (mainly Russian knapweed) on the proposed new permit areas would be treated, per the approved weed control plan, after approval of the amendment application. The Phase 2 - Part B area lies next to East Creek and the Gunnison River. This proposed excavation area is currently approximately 10-15 higher in elevation that these rivers. The operator indicated that they may use some available overburden to increase the height and width of existing dikes, or create new dikes along these waterways. The construction would take place on the inside of the permit area to prevent material from being pushed over the bank and into these waterways. The river banks in these areas appear to be currently stable and well vegetated. There were numerous structures on or within 200 feet of the affected area that were not properly identified and addressed in the amendment application. These structures include powerlines, fences, sheds, corrals, carports, irrigation ditches, concrete or bituminous driveways. Other structures not listed here may exist and must be included in appropriate exhibits of the amendment application. The operator indicated that all irrigation ditches on the proposed excavation area do not have any other down-gradient users, so excavation of those ditches will not harm any other ditch users. However, there is a section of an irrigation ditch within 200 feet of the north east corner of the North Area. It appears that this ditch may provide irrigation to the Smith parcel. If so, it will need to be addressed adequately. The operator indicated that processing facilities and access road for the North Area will be built just north of Stage 3 -Part A, and that this area would not be included in the permit boundary because the location of those facilities was non-minable. It was then clarified for the operator that these facilities were not required to be in the permit area because the permit indicates these facilities would be used to process material from other mine sites permitted by the operator, as well as material from this site. The fact that the area, where the facilities and road are to be located, is non-minable has no bearing on whether-or-not a facility is required to be included in a permit area. The operator must be aware that this facility must process material from other mining operations, to justify leaving this "custom processing facility" out of the permit area for the Whitewater Pit 500. Observations of the 2.4 acre parcel proposed to be added to the southeast corner of Stage 2 - Part A seemed to indicated that a majority of this area had been disturbed by a small stockpile of gravel and a graveled surface, presumably over the topsoil. The operator indicated that this condition was created by a contractor who leased the pit, but that Whitewater Building Materials Corp. accepted responsibility for the current condition, and that the remaining stockpile was their property. This area is currently under review for incorporation into the permit area through Permit Amendment No. 2, and no comments or objections were received regarding this disturbance. Once permitted, this area will be mined through as part of the next phase of excavation. Given the small area and minimal impact of this disturbance, and in light of the permitting facts described above, Senior DMG staff reviewed the situation and directed that this situation not be pursued as an enforcement action. However, the operator is cautioned that any further occurrences of this type will be dealt with through the enforcement action process.