ENFORCE21528

• Permit No: M1978091UG
• IBM Index Class Name: Enforcement
• Doc Date: 10/21/2002
• Doc Name: Board Presentation
• Media Type: D
• Archive: No

There is language in Rule 1.1(2) which distinguishes that materials which are stored-for less than 180 days are not
"stockpiled." However, the same rule includes an important element: it states that under certain situations,
consideration must be given to providing the appropriate measures to prevent impacts due to the runoff or leaching
of the weathered acid-generating material, even if stockpiling is for less than 180 days. This site exhibits a
potential for such impacts.
The facts of the stockpile site include the following: A) the ore storage area does not contain an impermeable
underlines; some of the affected surface is a gravel parking area and some of it was until recently grass-covered;
B) the ore is stored in woven "super sacks" which are permeable throughout and open on the top; the ore storage
area is not protected from the effects or results of precipitation; C) the ore storage area lies up-gradient and in close
proximity (all of the ore is within 100 feet, and some of it as close as I S feet) to a fishing pond; D) there have been
up to several hundred tons of ore stored here for months at a time; E) recent observations of this ore and the storage
area include the weathering of the ore in the sacks, mineral staining of the fabric of the sacks and the ground near
the sacks; and F) there is a complete lack of any drainage control of the area.
2: Following from the definitions cited above, and the conclusion that this stockpiling is an "activity" on "affected
land," please refer to Rule 1.1(19) "Facility." The ore stockpile area is one of the operation's facilities and must be
treated as such: with all necessary designed and constructed controls to adequately store this ore.
3. The reference to affected land in the paragraph above implies that the stockpile area be made part of the
permitted area, pursuant to Rule 3:1.12(2)(a). Activities which are determined to be mining-related, must occur
within the permitted area. If they are not, the situation becomes one of land being affected for which there is no
regulated limit on acreage or activity, no protection or control plan, no mining plan to adhere to, and no reclamation
standard or bond to ensure reclamation.
4. Since this site is a DMO, please refer to the definitions in Rule 1.1(14)(6), (c) and (e) "Designated Mining
Operation," Rule 1.1(15) "Environmental Protection Facility," and Rule 1.1(16) "Environmental Protection Plan."
These rules pertain to conditions inherent in your operation and the need for the appropriate controls. Since this
permit is a DMO, you have filed the required Environmental Protection Plan (EPP), which describes the control
structures and pmctices pertaining to activities within the permitted area boundary (the portals at the 3 and 6 levels).
However, there is no provision in the existing EPP for activities occurring outside the permit boundaries,
specifically, for potential or actual adverse impacts at Vickers Ranch. Onsite observations have shown the lack of
such controls. (Portions of this are reiterated in Section 112.5 of the Act.)
5. The basic requirements for control structures and practices aze stated in Rule 3.1.5(5) which describes protection
to the drainage system from acid producing materials. Additional language related to release of pollutants to the
surface or groundwater is set forth under Rules 3.1.5(10) and (11). (Portions of these rules are reiterated in Section
116(7)(c) and (d) of the Act.)
6. Part of your EPP for the permitted part of the operation involves groundwater monitoring, which you have been
carrying out up on Deadman Gulch. An operator's requirement to monitor and protect groundwater is set forth in
Rule 3.1.7. Since there has been no documented sampling of the water below the stockpile area at Vickers Ranch,
the baseline quality is unknown. Prior to your use of this area as a stockpile location, it is presumed that it was only
a pazking area and an adjacent grassy area. Future stockpiling in this area may require that water sampling be done
to ensure that the site is not adversely affected. If it is found that sampling is necessary and the occurrence of
metals or low pH is found, it might be attributable to your operation.
7. This stockpiling is appropriately considered to be part of the mining-related activities, and it must be made part
of the permitted area if it is to continue into the future. Therefore, please refer to Rule 6.3.2(c) which describes the
requirement for providing information about water resources, specifically including ponds which may receive
mnoff from an affected area.