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_ . (Page 21 • MINE ID # OR PROSPECTING ID # M-94-113 INSPECTION DATE 11-23-99 INSPECTOR'S INITIALS SSS OBSERVATIONS This was a complete inspection conducted in response to two written citizen complaints submitted by Marcia Ewell on November 4`" and 9`", 1999. The letters specified several complaints regarding activities at or near the Pathfinder Pit. A substantial upgrading of the access road has been conducted. Rule 1.113) of the Minerals Rules and Regulations specifies that existing roads, that are substantially upgraded to support the mining operation, are by definition considered to be affected land. Rule 6.4.3 and 6.4.4 require that the total area to be involved in the operation, including the area of affected lands, must be identified on the pre-mining, mining plan, and reclamation plan maps and in the mining and reclamation plans. Therefore, because of this substantial upgrade, the area affected by this road upgrade must be included in the Pathfinder Pit permit area. Division policy will allow this revision to be submitted as a technical revision. However, because the revision involves addition of acreage, the public notice procedures required for a permit amendment must be followed. This will require that the permittee waive, in writing, their right to have a decision issued within thirty days of submittal of the revision. If an objection to the revision is received, the revision must be handled as an amendment, with all amendment fees and application forms submitted. The area where Public Service's Ames Penstock has been repaired is within the permit boundary. Therefore, the permittee is responsible to ensure that the reconstructed road and fill are stable and protected against erosion. Engineering demonstrations of stability for these structures must be submitted to the Division, to document their stability. Currently, the reconstruction has resulted in a steep outslope (approximately 1.5:1) and a drainage that has been dammed up with no drainage conveyance structures. IL is unknown if any compaction specifications were used in reconstruction. Additionally, this repair has caused the access road and fill to encroach on the wetland that the permit indicated would remain undisturbed. The permittee will need to address this concern with the Army Corps of Engineers and ensure that any on-site remedial actions they require are incorporated into this permit. These issues can be addressed in the technical revision required in the paragraph above. Berms have been established in various locations along the crest of the access road outslope. These berms are approximately 3 feet high and have been recently hydroseeded. Some material from construction of these berms has spilled over the crest of the slope, but it does not appear that any significant amount has traveled off-site. However, precipitation events and spring runoff may result in transportation of this material to off-site areas below the pit and possibly to the Lake Fork branch of the South Fork of the San Miguel River. Until the revegetation effort on the berms and outslopes have established a stabilizing vegetative cover, the operator should install some type of sediment control structure on the slopes below the berms. A silt fence is recommended. There is a place on the southeast end of the reject material stockpile where it appears a portion of the pile was excavated to allow collecting water to drain. This action resulted in sedimentation build-up in the vegetation below the railroad grade. No off-site transport of the sediment was noted. The permittee will need to remove the sediment deposit and revegetate this disturbance. Installation of a silt fence in this area may be necessary to prevent further sedimentation. There are small areas of the excavated area that have not been maintained at the 2.5:1 maximum slope, as required by the approved mining plan. The permittee will need to reduce these slopes to the approved grade, to ensure the reclamation bond is remains adequate. Additionally, the slope face is currently benched, resulting in an average slope of at least 2.5:1. However, the reclamation bond does not include funding for removing these benches to create the final slopes for revegetation. The permittee will either need to revise the permit and reclamation bond to include provisions for mining in a bench style operation, or remove these benches and maintain a continuous 2.5:1 or less slope during the mining and reclamation operations. The topsoil stockpile has been recently graded to a shallow slope on the west side. Currently, any topsoil that erodes from the stockpile will be collected at the base of the pile. However, to minimize erosion and weed infestation, the pile will need to be seeded and vegetation established, unless the material is to be replaced within the next field season. It does appear that adequate topsoil resource exists on site to perform the required topsoil replacement on the disturbed areas. No buildings are currently on site. The permittee removed the scales and scale house. The area where the scales were located was regraded and smoothed. The concrete frames noted in the last inspection report were not observed and are presumed to be removed or buried.