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(Page 3) <br />MINE ID # OR PROSPECTING ID # M-1983-164 <br />INSPECTION DATE 3/10/05 <br />INSPECTOR'S INITIALS RCO <br />The mining plan is approved to include crushing and asphalt batching. However, such activity is to be confined to the permitted <br />area. The various components of an asphalt batch plant, plus waste asphalt pile and a gravel stockpile of about 3,000 cubic <br />yards, were observed near the north edge of the pit. A measuring tape was used to determine the proximity of the NW corner <br />of the permit, and it was discovered that the entire asphalt operation and stockpiled materials were outside the permitted area <br />boundary. The size of the offsite disturbance was measured and found to be 2.7 acres. Disturbance included areas where hot <br />mix equipment was placed and used, asphalt waste was dumped, and power and support equipment was placed. No <br />excavation occurred offsite. Rules 1.1(2), (3), (27) and (30) define, respectively, mining-related activities, affected land, mining <br />operation, and offsite. Following these definitions, this office believes that there may be a possible violation related to offsite <br />damage and the processing equipment. As such, the operator is informed that this office will pursue enforcement action to <br />bring this permit into compliance. A formal letter stating which sections of the statutes are believed to be in violation will be sent <br />under separate cover. At this time, the operator is encouraged to begin clean-up and reclamation of all offsite disturbances, <br />andlor begin the process of bringing the areas of offsite disturbance into the permit. There are various methods of bringing <br />them into a permit; the operator should promptly contact this office to discuss the options. See the last page for the required <br />corrective actions and correction date. <br />The operator stated that the batching equipment and power equipment was not his, but was owned and operated by another <br />outside contractor. All equipment exhibited leaks and spills of fuel, oil, asphalt constituents and other hydrocarbon directly on <br />the soil. No secondary containment (ie., a lined containment berm) was seen, and there was no apparent effort to remove any <br />equipment, fluids, vessels or contaminated soils. The topic of "acid or toxic material" is noted as a problem on page one. To <br />correct this problem the operator must remove the contaminated soils and properly dispose of them, and remove all leaking <br />containers and equipment from the site until all potential leaks and spills may be completely contained. (This office will <br />estimate the clean-up and disposal costs of the contaminated materials, and add them to the upcoming bond amount.) <br />Evidence of completing the clean-up must be received by this office by the date shown on the last page of this report. <br />No further items were observed during the inspection. Responses to this inspection report should be directed to the Division of <br />Minerals and Geology, 701 Camino del Rio, Room 125, Durango, Colorado 81301, Attn: Bob Oswald; phone no.970-247-5193. <br />I & E Contact Address <br />NAME <br />OPERATOR <br />STREET <br />CITY/STATE/ZIP <br />cc: Harry Posey, DMG <br />^ CE <br />George Gallegos <br />self <br />PO Box 575 <br />Romeo CO 81148 <br />^ BL <br />^ FS <br />^ HW <br />^ HMWMD (CH) <br />^ SE <br />^ WOCD (CH) <br />^ OTHER <br />cc: Ed Archuleta, CDOT, 3803 N Main Ave, Suite 300, Durango, CO 81301 <br />