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ENFORCE26107
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ENFORCE26107
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Entry Properties
Last modified
8/24/2016 7:34:11 PM
Creation date
11/21/2007 11:13:09 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1991146
IBM Index Class Name
Enforcement
Doc Date
2/27/2004
Doc Name
Motion to Dismiss
From
AGO
To
MLRB
Media Type
D
Archive
No
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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-1991-146 <br />INSPECTION DATE 6/13/03 <br />OBSERVATIONS <br />INSPECTOR'S INITIALS WHE <br />This inspection occurred in response to a complaint from James O'Callaghan Patterson, Principal <br />with The Uncompahgre Land Partners, LLC. The complaint from Mr. Patterson alleges adverse <br />impacts to his property and to the Uncompahgre River, resulting from activities conducted by ZMK. <br />Mr. Patterson's property is located approximately 400 feet south (upstream) from the south boundary <br />of the ZMK permit area. The inspection occurred in accordance with DMG policy to investigate such <br />complaints within 30 days of receipt of the written complaint. On October 6, 2003, DMG received a <br />second complaint from Mr. Patterson, which specifically mentioned head cutting and requested copy <br />of reports pertaining to the ZMK property. Copies of Mr. Patterson's complaints are attached to this <br />report. <br />The ZMK Gravel Pit is located approximately 5 miles north of Ouray, in portions of the NW '/4 of the <br />SW '/< of Section 2, T44N, R8W, NMPM, Ouray County. The reclamation permit is approved for 8.72 <br />acres affected area, for the extraction and processing of alluvial materials from the Uncompahgre <br />River channel. Affected lands will be reclaimed to support industrial post mining land use. DMG <br />holds $3,750 financial warranty. Permit status is active. Mining activities were dormant due to the <br />high water season. <br />Background Geography and Pre-permit Disturbances <br />The ZMK permit area and Mr. Patterson's property are located within an aggrading reach of the <br />Uncompahgre River where a reduction in the channel grade occurs as the river transitions from the <br />steep upland topography to the relatively flat floodplain val{ey. The grade of the river channel <br />immediately upstream of Ouray is approximately 6.4% but through the permit area the channel grade <br />is only 1%. The steep upland topography imparts high flow velocity to the river. Rivers with high flow <br />velocity can carry great quantities of sediment, to include cobbles and boulders, along its channel <br />bed. However, where flow velocity is reduced, the river's capacity to carry heavy bedload materials is <br />also reduced. <br />Aggrading rivers, such as this reach of the Uncompahgre River, often form several interconnecting <br />channels, separated by unvegetated gravel bars or sparsely vegetated islands. The active floodplain <br />is wide, sparsely vegetated, and contains several high-water channels. The location and <br />configuration of the interconnecting channels are often altered by the seasonal deposition of excess <br />bedload. Throughout this reach of river, the channel bed and banks are composed primarily of sand, <br />gravel and cobble. Such bank materials have low cohesion and are easily eroded. Thus, the lateral <br />stability of the channel is quite low within the boundaries of the active floodplain. In its natural state, <br />the braided and relatively straight river channel is sensitive to disturbances. <br />Prior to the issuance of the ZMK permit the natural channel had been heavily modified. A significant <br />modification to the channel occurred during the 1950's with the construction of flood protection dikes. <br />Flood protection dikes were observed throughout the reach of river where Mr. Patterson's property <br />and the ZMK permit area are located. The flood protection dikes appeared to have been constructed <br />by pushing alluvial materials from the channel to form dikes along the sides of the channel banks. <br />The dikes constrict flood flows to the channel and deny the river access to essential floodplain areas. <br />Increased erosion of the channel bed and banks are a natural response to constriction of flood flow <br />for this reach of the Uncompahgre River. <br />
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