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' • (Page 2) • NtINE ID # OR PROSPECTING ID # N-1Q94-C24 INSPECTION DATE_~ltZl~+ INSPECTOR'S INITIALS JCj OBSERVATIONS This inspection was conducted in order to provide assistance and support to representatives of the Hazardous Materials and Waste Management Division and the EPA who were responding to a complaint about the County's mining operation made by Kenneth Hershey, an adjacent landowner. Reportedly, Mr. Hershey had alleged that the County had mined into an abandoned landfill located within the San Acacio Pit permit area and had distributed toxic waste from that landfill at various other locations in the County during the course of its operations. DMG, itself, had conducted an earlier inspection, i.e. on 12/16,99, also in response to a complaint by Mr. Hershey but in regard to different issues. The Hazardous Material and Waste Management Division was represented during the inspection by Julie Cotter; the EPA by Janice Pearson. Costilla County was represented during the inspection by Commissioners Cordova and Atencio, County Administrator Elizabeth Pacheco, Mathew Valdez, Santos Martinez, Joe Ortiz, Ervin Jaquez, and others. Erin Smith, reporter for the Pueblo Chief tan was also present during the inspection. During the course of the inspection, Mr. Hershey was parked in his truck on his property near the boundary with the County's permit area. A short meeting was held with him by the representatives of the Hazardous Materials and Waste Management Division and the EPA together with this inspector immediately following the inspection of the San Acacio Pit. The ID sign for the pit was in order. Markers for the permit area boundaries were identified. There was no active mining conducted during the course of the inspection. County trucks did periodically arrive during the inspection for loading of material stockpiled within the permit area. The area of the abandoned landfill lies in the northwest part of the San Acacio Pit permit area. The County is committed by their reclamation permit not to disturb the landfill with their mining. The representatives of the Hazardous Materials and Waste Management Division and the EPA examined the area of the landfill and could find no evidence that the County's active mining operation had included the area of the landfill. The cover for the landfill trenches was essentially undisturbed and the associated vegetation intact. There were scattered elements of trash in the landfill area, but these were considered recently placed, probably by local residents, and not exposed as a result of the County's mining operations. As required by their reclamation permit, the County's mining activity was confined to the gravel terrace in the south and southeast part of the permit area. (These determinations were conveyed to Mr. Hershey during the brief meeting held with him following the inspection of the pit. A written report of the investigation was promised to Mr. Hershey by the representative of the Hazardous Material and Waste Management Division.) Prior to the inspection, a discussion was conducted with County representatives by this inspector in regard to the possible violation and the two compliance problems identified during the Division's inspection of the San Acacio Pit on December 16, 1999. The Possible Violation involves damage by the County outside the San Acacio Pit boundaries occurring during reclamation activities. The County representatives acknowledged receiving a copy of the report of the December 16, 1999 inspection together with the Reason to Believe (a Violation Exists) letter sent in regard to the possible violation. The County representatives were reminded that the Colorado Mined Land Reclamation Hoard is scheduled to consider the possible violation during the Board's January 26-27, 2000 monthly meeting. This possible violation will be referenced again on Page 4 of this report since it remains unresolved at this time.