INSPEC23964

• Permit No: M1987028
• IBM Index Class Name: Inspection
• Doc Date: 10/14/2004
• Doc Name: Insp Rpt
• From: DMG
• To: Colorado Marble LLC
• Inspection Date: 9/28/2004
• Media Type: D
• Archive: No

(Page 3)
MINE ID # OR PROSPECTING ID # M-1987-028
INSPECTION DATE 09/28/04
INSPECTOR'S INITIALS ESC
distance from the bottom of the pit to the highwall is approximately 350 feet.
"Waste rock and fines will be placed against toe of highwalls to slope pit to drain and for
contouring." However, it was noted during the inspection that a large waste pile has been
constructed at the bottom portion of the pit. The waste pile consists of fines and
overburden material and is approximately 3 acres in size. The waste material was placed into
an existing drainage depicted as Taylor Gulch. The waste pile has not been described or
designed in the approved mining and reclamation plan.
Based on the review of the file, the Division believes the Operator to be in possible
violation of C.R.S. 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of
Construction Materials for failure to perform the reclamation prescribed by the mining and
reclamation plan. Specifically, the operator has mined greater than 40 feet high as initially
proposed and the creation of a waste pile within Taylor Gulch.
Impacts to the hydrologic balance
The waste pile noted above has been placed in a portion of Taylor Gulch. The waste pile is
approximately 3 acres in size and 60 feet high (based on data collected by the GPS). At the
toe of the pile, a portion of the gulch contained a significant amount of waste fines and
debris as a result of the mining operation. The waste pile and placement within Taylor Gulch
was not included in the approved mining and reclamation plan. By placing this material in
the gulch, the operator has possibly impacted the hydrologic balance. In accordance with
3.1.5(10), all mined material to be disposed of within the affected area must be handled in
such a manner so as to prevent any unauthorized release of pollutants to the surface drainage
system. Placement of the waste pile in Taylor Gulch and use of the gulch to collect waste
fines may be a violation of C.R.S. 34-32.5116 (4)(h) and Rule 3.1.6 which states that
disturbances to the hydrologic balance of the affected land and of the surrounding area and
to the quantity or quality of water in surface and groundwater systems both doing and after
the mining shall be minimized.
The inspection indicated that the waste pile had eroded into the Taylor Gulch drainage and
deposited fines up to 6 feet deep for approximately 700 feet in length down the drainage. A
new sediment trap had been recently excavated in the sediment to the toe of the sediment
deposition. Due to the magnitude of fines and debris washing off the active mining area into
Taylor Gulch, the operator will need to design and construct a sedimenC containment structure
to prevent further disturbances off site. In addition, the operator will need to design and
construct a drainage channel to redirect Taylor Gulch away from the waste pile to lessen the
erosion potential. The designs for the sediment pond and drainage channel will need to be
included in the 112 Conversion Application noted above.
Failure to salvage topsoil
The operator committed to salvaging topsoil and replacing the material to a 4" to 6" depth
upon reclamation of the site. The permit states, "._there should be sufficient topsoil to
cover pit floors 4-6" and benches 1'+/-." The Division could find no evidence that any
topsoil has been salvaged and stockpiled. In fact, it was observed that topsoil was mixed in
with overburden material and placed in various waste piles. The Division walked the upper
perimeter of the site adjacent to the highwall. Topsoil was not salvaged in and around the
highwall, and the material was falling into the pit. In addition, where waste piles were
constructed, it was obvious that no topsoil was salvaged due to the large trees noted at the
base of the pile. Taylor Gulch also contains evidence of topsoil and vegetation where the
gulch was collecting waste fines. Failure to properly salvage and store topsoil is a
violation of 34-32.5-116 (g) which requires that topsoil be removed and segregated from other
spoil and preserved from wind and water erosion, remains free of contamination and is in a
useable condition for sustaining vegetation when restored during reclamation.
The operator will be required to segregate all topsoil that may still exist on site, and
store such material in topsoil stockpiles. In addition, the operator will need to address
the shortage of topsoil on site in order to achieve the 4-6" of topsoil on the pit floors and
1 foot on the benches over the 20 acres of disturbance. This issue will need to be addressed
in the 112 Conversion Application noted above.