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(Page 2) ~J MINE ID f OR PROSPECTING ID ~` M-87-131 INSPECTION DATE 3-18-93 INSPECTOR'S INITIALS ACS This was a pre-operational inspection conducted in response to an amendment application that will add 20 acres to phases 5 and 7 of the permitted area. Mining in the permitted area ie moving from west to east in phase 2; screening and crushing facilities are set-up in phase 2. At the time of this inspection, 3 6316 scrapers and a D9 dozer were stripping surface soil and over-burden in advance of excavation in phase 2. This material was being hauled to phase 1 for back-filling. Operations in phases 1 and 2 are in compliance with the approved mining and reclamation plane for this pit. The twenty acre tract of land to be added to the permitted acreage through amendment was previously mined by R.E. Monks Construction and others. Monks is has been ordered by the Mined Land Reclamation Board to permit the site, and to pay a civil penalty in the amount of $5100.00 to the Division of Minerals and Geology for mining at this site without a permit. This penalty must be paid before the amendment application can be approved. The previously mined portion of the twenty acre tract, known ae p1t f`2, daylights on the south aide in the central part of the pit for approximately 350 ft., and also at the eouth- eaet corner of the pit were a notch has been created for the access road. Sediment carried by storm water exiting the disturbed area at these locations may impact the Arkansas River directly to the south of the pit. An erosion gully has developed near the center of the reach were the pit day-lights on the south aide. The operator proposes to construct a berm along the south perimeter of pit ~`2 to contain storm water within the pit, and to repair the erosion gully by filling it in with over-size rock available at the site, and grading. The division recommends that the berm be constructed with an armored spill-way so that a Large storm event does not wash the berm materials into the river. Based on this inspection, and on review of the amendment application submittal, the following list of concerns has been developed regarding the adequacy of the application under the Mined Land Reclamation Act. The applicant must respond to each item on this list prior to the May 30, 1993 decision date for the amendment. As mentioned previously, the $5100.00 civil penalty must be paid prior to approval. Since the amended acreage has been previously mined, measures, such as the berm discussed previously in this report, must be taken to prevent erosion and sedimentation of areas outside of the permitted acreage. Because a considerable period of time may pass before mining reaches the amended phase, the operator needs to remain aware of the need for periodic inspection and maintenance of any protective measures taken, particularly following storm events. The cover letter sent with the amendment application states that "(a)11 conditions and statements regarding reclamation made in the original permit will be followed here also". The reclamation plan for the original permit requires that all elopes be graded no steeper than 3:1. Reclamation coats calculated in Exhibit L of the amendment application are based on back-filling of elopes to 2:1. Please revise the coat estimate in Exhibit L to reflect the coat of grading the existing high-walla to 3:1. Please refer to correspondence from the State Historic Preservation Officer attached to this report which recommends that a cultural resource survey be undertaken in the undisturbed portions of the mine. The Division takes this to mean that a survey must be conducted in all undisturbed areas, including those currently permitted and those areas to be added by amendment. The applicant moat contact the State Historical Preservation Office (SHPO), and provide documentation to the Division that all concerns regarding cultural resources have been addressed. If SHPO clearance has not been provided by the time of application approval, the Division will place a condition on the approval that SHPO clearance be granted prior to any new disturbance.