ENFORCE36651

• Permit No: M1980085
• IBM Index Class Name: Enforcement
• Doc Date: 7/8/1999
• Doc Name: Vagneur Pit Permit No M-80-085
• From: DMG
• To: Elam Construction Inc
• Violation No.: MV2000033
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Na[ural Resources
1313 Sherman St., Room 215
Denver, ~alofado So2o3 DIVISION O F
Phone: (3031 rich-3se~ MINERAL $
FAX: (303) 832-II106 &
GEOLOGY
RECLAMATION
MI NING•SAFETY
July 8, 1999 Bill Owens
Governor
Mr. Thomas Logue Gres E. watcher
Executive Director
Elam Construction
Michael B. Long
1225 South 7`"Street Division Dlrecbr
Grand Junction, Colorado 81501
RE: Vagneur Pit, Petmit No. M-80-085
Deaz Mr. Logue:
On August 8, 1998 and July 1, 1999 the Division of Minerals and Geology conducted an inspection of
the Vagneur Pit, Permit No. M-80-085 and found the following:
The Reclamation Permit limits the excavation in the Vagneur Pit to 7.6 acres within the 104.72-acre
permit azea. Elam has mined an area roughly 60 acres in size. In addition, the permit does not reflect the
current site conditions including the interception of groundwater, construction of an asphalt batch plant
and a concrete plant, construction of evaporation ponds, and off site material used for reclamation of the
Vagneur Site without proper notification. The Division required Elam Construction to submit an
amendment to the permit by December 1, 1998. The Division has not received the permit amendment
to date.
Based on the site inspections and review of the file, the Division believes the Operator to be in possible
violation of C.R.S. 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of
Construction Materials and Rules 6.4.4, 6.4.7, and 3.1(9) of the Construction Material Rules and
Regulations for failure to perform the reclamation prescribed by the mining and reclamation plan.
Specifically, the operator;
• failed describe the major components of the mining operation such as roads and access routes, pit
size, asphalt and concrete plants,
• failed to state that groundwater will be intercepted and state how mining will minimize disturbance
to the hydrologic system and prevent off-site damage,
• failed to specify how Elam will comply with applicable Colorado water laws and regulations
governing injury to existing water rights, and
• failed to notify the Division regarding backfilling structural fill in the pit generated outside the
approved permit area.
The Division will scheduled this matter before the Mined Land Reclamation Board.