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<br />MINE ID # OR PROSPECTING ID # M-2001-054
<br />INSPECTION DATE 3/3/04
<br />OBSERVATIONS
<br />INSPECTOR'S INITIALS RCO
<br />This partial inspection was performed by the Division as part of its monitoring of Construction Materials 110 permits. The
<br />inspection was performed specificallyto verify which access road the operator was utilizing to enter the site from Hwy550 or to
<br />enter Hwy 550 from the site. Both entrance locations were observed during this inspection.
<br />The required DMG permit ID sign was posted at the northern access road. No ID sign was posted at the southern road.
<br />The northern access road was the sole point of access to the site when it was permitted in 2001. Pursuant to Rule 6.3.6
<br />(Exhibit F) from the Construction Materials Rules and Regulations, the Division required the operator to provide proof of a valid
<br />highway access permit at the time of permit application. Such documentation was provided to this office as part of the permit
<br />application, and the matter was deemed satisfactory, since it met DMG requirements. Note: To clarify Rule 6.3.6 cited above,
<br />a permit applicant must demonstrate that it has obtained or is in the process of obtaining all other permits or licenses that other
<br />agencies or regulatory authorities deemto be necessary. But after a DMG permit is issued, the Rules and Reoulations do not
<br />require that the permitted operator continually demonstrate compliance with other aoencies' permits, nor do the Division's
<br />jurisdictional limits allow this office to inspect for or enforce other agencies' laws, regulations or permits.
<br />In the 2001 DMG permit application the operator described the expected need to change the point of access to this site, which
<br />would involve constructing a new road at the southern end of the property, which abuts the highway right-of-way. The new,
<br />southern access road would replace the original northern road, so that there would be only one access road. The 3.64-acre
<br />site adjoins the highway right-of-way. All "onsite" development of the second access road is contained within the permitted
<br />area boundary, and development of the onsite portion of a "new" access road does not change the permitted area boundary.
<br />However, connecting the onsite portion of the new road to the travel lanes of Hwy 550 will require some degree of construction
<br />within the CDOT right-of-way. The operator informed this Division when development of a second access road was to affect
<br />the right-of-way, that a new CDOT access permit would be obtained. It is DMG's understanding that CDOT regulates access
<br />activities within the right-of-way, including grading, drainage, placement of fill materials and culverts, stabilization. It is proper
<br />that DMG does not have jurisdiction over these areas or activities occurring thereon.
<br />The operator proceeded to obtain a new access permit from CDOT. In October 2003 the operator provided this office with a
<br />copy of a new CDOT State Highway Access Permit, no. 503111. This appears to document CDOT's approval of the
<br />construction and use of the new southern point of access. As such, this office regards the new permit as the operator's right to
<br />enter the highway corridor to develop the second access road, and to be bound by certain specifications and restrictions.
<br />The second, southern access road appeared to be open at the time of this inspection, at least to the extent that a vehicle could
<br />enter the site from the highway. This inspection was not performed with engineering intent, and it was not determined during
<br />this inspection whether the portion of the new access road which lies within the CDOT right-of-waywas constructed to meet all
<br />CDOT-required specifications, such as proper grades, materials, compaction, surtaces, drainage conveyances, width or radii.
<br />The first access road also appeared to still be in a condition to allow passage of a vehicle. This office recognizes that the
<br />presence or use of more than one functional access road through the CDOT-controlled right-of-wav may be out of compliance
<br />with the restrictions specified in the new access permit, but DMG does not enforce such permits. However, the continued
<br />existence of the DMG-regulated onsite portion of the first road is of interest to this office, since the approved mining plan did not
<br />allow for two functional access roads. This office sugcests that the operator close the offsite (highway right-of-way) portion of
<br />the first road, by the proper means, and at such time that the second road becomes functional and approved by CDOT, so that
<br />he will be in compliance with that part of the CDOT permit. This office re wires that the operator cease use of the onsite portion
<br />of the first road, at such time that the second road is functional and approved by CDOT, so that he remains incompliance with
<br />the DMG permit.
<br />It is clear that while the second road is being built to CDOT's specifications, and until it is approved by CDOT for the operator's
<br />use, the first road must remain open and functional. When the second road is approved by CDOT, and the operator
<br />commences using it, it will be the sole point of access, and use of the first road must cease. Since this office is not aware of
<br />whether the new road is completed or is being used by gravel pit haul traffic, nor whether the first road has ceased being used,
<br />the pertinent topics of "roads, "offsite damage" and "records" are not noted as problems in this report. However, if this office
<br />receives information, or makes an inspection observation of the operator's use of both access roads for haul traffic, these
<br />topics may become problems. At this time, this office requests that the operator provide a statement describing the status of
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