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• (Page 21 • <br />MINE ID JJ OR PROSPECTING ID +X M-1986-061 <br />INSPECTION DATE 4/19/01 INSPECTOR'S INITIALS RCO <br />OBSERVATIONS <br />This inspection was performed by the Division as part of its monitoring of Construction Materials 112 permits and as a <br />follow-up inspection to view the required on-the-ground activities which were performed to abate a violation for offsite <br />damage, and to begin controlling onsite erosion. The operator's representatives named on page one were contacted about <br />the inspection and were present during the first part of the inspection. <br />Initially, the northern end of Phase 1 was observed and discussed with Mr. Jacobs. This area had been mined by the <br />lessee, Gosney and Sons, at some time during the 1990s (according to materials in the filet. During the last inspection <br />(10/26/00) that portion of the site was observed to still be disturbed but unreclaimed. During this inspection it was noted <br />that most of the highwall slope and pit floor grading had been carried out. Mr. Jacobs stated that it was done in late fall <br />2000. Reclamation tasks still required there include: more complete topsoil replacement, revegetation according to the <br />species in the approved reclamation plan, and noxious weed control. (Noxious weed patches existed along the boundary <br />margins and tops of pit slopes, which have now been graded, thus spreading the weed seed and the area potentially <br />infested.) These items were discussed with Mr. Jacobs, who then departed from the permit area. <br />The permit's original north boundary line followed a fenceline across the top of the mesa. A later land exchange in the form <br />of a technical revision (TR-01 in 1995) added about 2.6 acres to the north of the original line, resulting in a crooked permit <br />boundary line which does not follow the topography. Excavation in this north end of the pit (called Phase 11 has affected <br />all of the original area and also the additional 2.6 acres. It was noted that there were no boundarv markers on this north <br />end of the aermit. The affected area boundarv markers were not observed and must be installed aer the requirements of <br />Rule 3.1.12 121 that state: The boundaries of the affected area will be marked by monuments or other markers that are <br />clearly visible and adequate to delineate such boundaries. The lack of boundarv markers is noted as a problem under the <br />tonic of "sians and markers." The corrective actionlsl and correction date are specified on the last gage of this report. <br />None of the aermit maps submitted since the 1995 addition of the 2.6 acres to Phase 1 have clearly shown this new <br />boundarv (nor a delineation of the 2.6 acres which were released from the permit in 1995 either). The aermit mans should <br />be brought ua-to-date, esaecially given the past mining and recent reclamation carried out in Phase 1 and portions of Phase <br />2. The 1993 conversion to a 112 aermit increased the permitted area acreage to 48 acres, vet recent annual resorts <br />variously state the acreage to be 57 or 58 acres. The lack of correct mans and correct accounting of permitted acreage <br />is noted as a problem in this resort under the tonic of "records." The corrective action and correction date are saecified <br />on the last gage of this report. (Future annual reports should include current features on the updated map.) <br />The area within Phase 2 that has been affected by the sublessee, Lafarge, was inspected and discussed with Mr. Carnahan. <br />Portions of the recent mining activity were found last year to have affected areas offsite. Lafarge has performed several <br />Board-ordered activities to remedy the offsite damage and potential for future damage. The offsite damage to the gulch <br />slopes has been cleaned up by removing much of the bulldozed woody vegetation and by grading most of the slopes to <br />about 2:1. The slopes do not yet show signs of revegetation, but that aspect will be monitored, since it is part of the <br />Board-ordered activity to be carried out. <br />Some permit boundary markers Iwooden lath) have been replaced along the estimated location of the permit boundary in <br />this area. This is not considered adequate since the true boundary location is not known, and the laths are not considered <br />a long-term method of boundary delineation. When the missing markers are installed in their correct locations in Phase 1 <br />las saecified above) this portion of the boundarv should be accurately surveyed and adequately marked also. The lack of <br />reliably located or marked boundaries is included in the "sians and markers" aroblem noted above. <br />The existing permit boundary is very irregular and, where not based on fencelines, is largely based on elevation. The 1993 <br />conversion application, and the 1995 land exchange, failed to include a good metes and bounds boundary description of <br />the permitted area, which should have been included in the exhibits for legal description and/or on the maps. The lack of <br />markers and the inability to accurately re-establish lost markers has resulted in problems for this operation. It is reouired <br />therefore, that when the boundarv survey is aerformed for the corrective action shown on the last oaae, that the boundarv <br />also be described by a metes and bounds narrative, and be part of the submittal to the Division. <br />The stormwater control berm and retention pond areas were inspected. The berm exists along the eastern edge of the <br />disturbed area, with a designed outlet that appears sufficient to direct runoff to a single point of discharge to the gulch. <br />