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(Page 2) • MINE ID # OR PROSPECTING ID # M-77-081 INSPECTION DATE 11/29/94 INSPECTOR'S INITIALS GSC OBSERVATIONS This inspection was conducted in response to a complaint from Mr. Rex Ortgieeen. The operator was represented by Greg Lindsay, Tim Nissen, Jerry Rice and Fred Anderberg. Mr. Ortgiesen lives at 731 N. 28th Avenue which is adjacent to the southeastern perimeter of the permit. Hie complaint letter included five concerns: 1. The mining operation is 50 feet from his property. 2. Could the mining operation contaminate their wells with hazardous substances? 3. The close proximity of the mining operation to dwellings on North 28th Street presents a danger to children. 4. There ie a duet problem. 5. Flood lights and noise during night time operation interferes with local residents' sleep. Numbers 1 and 2 are statutory concerns of the Division. Numbers 3, 4 and 5 are not, however, the Division feels issue number 3 may be a valid concern and would like to encourage the operator to address these safety concerns. The issues raised in numbers 4 and 5 may be within the jurisdiction of Weld County or the City of Greeley. 1. The Stage D dewatering trench has been extended to the southeastern corner of the permit. This corner of the permit is bordered by F Street on the south and 28th Avenue on the east. The trench is located approximately 65 feet north of F Street and 55 feet west of the fence lines bordering the back yards of the residences (including Mr. Ortgiesen) situated on the west Bide of 28th Avenue. Power and telephone poles are situated along the fence line and a private well housing and some dwellings appeared to be less than 200 feet east of the trench. There ie a berm approximately 8 feet high and 30 feet wide between the dewatering trench and the respective offeite areas to the south and east. The trench is approximately 25 feet deep, exposing about 20 feet of gravel beneath 5 feet of overburden. The trench walla were at an approximate elope of 0.5:1. There were no visible signs of instability or sloughing. No gravel has been mined from this area and this will probably not occur until next year according to Mr. Lindsay. The location of the dewatering trench and final configuration of Stage D is different than that included in the amendment to the permit (approved in February 1981). By virtue of the dewatering trench location, Stage D will extend about 600 feet southeast of its approved location. The mining plan does not address mining impacts to the permanent, man-made structures in this area. This may be partially due to the fact that the affected area in the original permit application did not extend within 200 feet of these properties. Since Stage D now extends into this area, the operator will need to demonstrate the mining operation will not adversely affect the stability of significant permanent structures within 200 feet, pursuant to C.A.S. 34-32-115(4)(d). Alternatively, the operator may submit verification of a signed agreement between the operator and the owners of those structures which either allows for mining within a designated distance or maintains that any damage caused by the operation will be compensated by the operator. The Division recognizes that the operator is partially addressing this issue by implementing a ground water monitoring program at this operation. See PB-1. In an April 13, 1994 inspection, the Division found a possible problem with the implementation of the mining and reclamation plane. Since that time, a considerable portion of Stage C has been backfilled and the configuration of Stage D is no longer that of the approved plan. Corrective action PB-1 in that inspection report required the operator to submit, by 6/13/94, a complete amendment to the permit which included a revised mining and reclamation plan that reflects what was being completed at the site. The corrective action also required the operator to recalculate the financial warranty and change the final land use. The operator has already addressed the land use issue and has recalculated the financial warranty and submitted the replacement bond to the Division. However, the operator still needs to submit a revision to the permit no later than January 19, 1995 which includes revised mining and reclamation plane that address the on-site conditions. Since corrective action no. 1 from the 4/13/94 inspection has been partially addressed, this will still be cited as a possible problem. See PB-2.