INSPEC38534

• Permit No: M1991146
• IBM Index Class Name: Inspection
• Doc Date: 1/2/2002
• Doc Name: MINERALS PROGRAM INSPECTION REPORT
• Inspection Date: 12/4/2001
• Media Type: D
• Archive: No

(Page 31
MINE ID # OR PROSPECTING ID # M-1997-146
INSPECTION DATE 12 4 01 INSPECTOR'S INITIALS WHE
water season the operator restores the dike, returning all flow to the low flow channel. Deposition
of excess bed load within the side channel pit ensures a renewable resource and minimizes impacts
to the low flow channel. Evidence of adverse impacts to the river channel resulting from mining
and reclamation activities were not observed. Review of the stream channel surveys, submitted
annually by the operator, indicate no adverse impact to the stream channel from the operation.
DMG has reviewed the current cost of reclamation, totaling 53,292. Therefore, the existing
53,750 financial warranty is sufficient to ensure reclamation.
Topics Specific to Mr. Follette's Complaint In these proceedings, DMG jurisdiction is limited
to enforcement of the specific requirements of the Colorado Land Reclamation Act for the
Extraction of Construction Materials, 34-32.5-101 et seq., C.R.S. (1995 Repl.Vol.) and the
Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board,
effective October 1995, amended August 2001.
C.R.S. 34-32.5-10211) states, "...It is the intent of the general assembly by the enactment of
this article to foster and encourage the development of an economically sound and stable
mining and construction materials industry and to encourage the orderly development of the
state's natural resources, while requiring those persons involved in mining operations to reclaim
land affected by such operations so that the affected land may be put to a use beneficial to the
people of this state...". Therefore, the Act and Rules address utilization and conservation of
the state's natural resources but do not appear to address non-utilization or preservation of the
state's natural resources. The Act and Rules anticipate that public and private lands will he
affected where mineable resources exist. However, the Act and Rules provide reclamation
requirements to ensure that affected lands are reclaimed to a beneficial land use.
The Act and Rules do not specifically address aesthetic values, quality of life issues, impacts to
tourism, noise pollution, hours of operation, or the apparent absence of public support for an
operation. Such issues are typically addressed at the local government level. The operation has
been approved by the Ouray County Commissioners through the issuance of the county Special
Use Permit.
The Act and Rules authorize DMG to address stabilization of reclaimed areas for wind erosion.
During the time of this inspection, DMG observed no evidence of wind erosion to reclaimed areas.
However, DMG does not enforce the air quality standards for the dust resulting from wind erosion.
Please direct comments regarding air pollution to the Air Pollution Control Division with the
Colorado Department of Public Health and Environment.
The original permit application was reviewed by the Colorado Division of Wildlife. The application
demonstrated compliance with the requirements of Rule 6.3, regarding wildlife and wildlife habitat.
DMG finds no evidence to suggest that the operator is currently not complying with the
performance standards of Rule 3.1.8, regarding wildlife and wildlife habitat. During the time of this
inspection, 6 Mule deer were observed adjacent to the west permit boundary. Numerous tracks
of wildlife were observed within the pit area and surrounding areas. Road kill elk was observed
on Hwy 550, east of the permit area.