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a ~' (Page 2) NONE m N OR PROSPECTING m M Y-96U25 INSPECTION DATE 0531-95 INSPECTOR'S INITIALS SSS OBSERVATIONS This was a complete laspectlon of the Gardner Pit No. 2a for the purpose o[ recalculatlng the reclamatlan boud subsequent to the removal of the 55,000.00 bond cap. The pit has not been laspected during or state It's permlttlng Iu 1990. The pit Is located la We SWI9 SE14 NWI4 SEC. 13 T37N, R15W, NN[PM In Montezuma County. The 110(2) operatloo Is permitted to disturb 99 acres to remove 14 to 16 feet of gravel depth In a dry pit operatloo. S[rucwres approved for the site are a statehouse and a scale. The statehouse and scale are located approximately a mile SE of the permll area, Just off the county road. The curteut m1Wng operatlou and faclDtles area Is located approximately one-half mile to the east of the permit area. The Dlvislon's records Isdlcate that this curteut operatlou Is oot only located outalde the approved permit area, but It Is also located autslde the curteut lease area. This creates a possible vlalatlon simatloa for mlWng without a permit. I[ Blastlng and MIWng, lac. wlshea to pursue future mlWng Is We area o[ the curtea[ mlWag operatlou, an appBcatlon far conversion o[ Permit Ne. M-90-025 to a 112 permit (over 10 acres) will used to be submitted. This appOcatlon should also address Incarporatlan o[ the scale, scalehause and scale access road Into mthe permit area Addltlonally, the appDcatlou will need m Include a signed and notarized agreement between the county sad Blastlng and MIWsg, lac. whereby Blastlng and MIWng, lac. accepts responslblBty for reclamatlon of that portlon of the aperatlos that Is located os the county permit area (as the operator ladicated during the Inspectlou} The site has not beea operated since 1991 when the operator dlacavered that the gravel did sot meet the epeclficatlone or their contract at Wat tlme. Approximately 3d acres have beau dleturbed with less thou one acre actually mined. The topstll sad overburden stockpllea are located oa the Bae between the cauaty pit la the south and the Gardner Pit Na. 2a. The topsoil pile appears to be on the permitted area but tlta overburden stockpile appears to be half on and half off the permit area. It appears Wat the overburdeu stockpile may 6e shared by the ad]acent cauaty operatlou. If this Is the case, the Dermlt should be claritled to reflect this. U not, The pile should be moved sa that It resides entlrely wlWln the permit boundary. These stockpllea appear m have beea la place for some tlme and should be revegetated to prevent eroslos. It appears that there Is approbmately twodhlyds more averburdeu than tapsoll. The topsoil pile Is estlmated at approximately 1000 c.y. The pit highwall averages approbmately 10 feet In height and Is approximately 200 Peet long as It wraps around the pit Please be aware, RWe 3.1.12 of the Mineral Rules and Regulatlons regWrea that (1) The operator shall post a sign at the entrance of the mine site whle6 shall be clearly vlslble from the access road and speclty the follawing: (a) The same of the operator, (b) An ladlcatlon that a reclamatlon permit for We operatloo has beea Issued by the Colorado Mined laud Reclamatlan Board, and (c) The Permit Number. (2) The bouadariea of the affected area will be marked by monuments or other markers tltat are clearly vlstble and adequate to delineate such boundaries. The sign and markers were not observed duAug the inspectlan and should 6e installed as fndlcated above. l0 1987, the U.S. congress amended the Clear Water Act to expressly luclude storm water dlacharges from Industrial alter as regWriog Cleao Water Acl controls. In 1990, EPA Issued regulatlans that regWre specific IadusWal actlvltles to obtain permits to order [o dlseharge storm water hom their faclDtles. Actlve and Inactlve mtWng operatlons where storm water comes Into contact with overburdeu, raw material, Intermediate products, byproducts, DWahed products or waste producLV located at the mlWag site are specifically locluded. The deadline to apply for a storm water permit was October 1, 1992. If a storm water permit for this mine has sot yet beau obtalued, the operator must apply tar such a permit, as soon as possible, to Colorado Department of Realth, WQC6PBB2, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530. It any storm water control s[rocmres are regWred to be constructed at We mine ae a result of the storm water permlttlog process, a revlslon must thou be submitted to this Dlvlslon Lo luclude the aperatlonal and reciamatlon aspects of such strvcmres la the Reclamatlon Permit.