2007-11-20_INSPECTION - M1984108

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(Page 2) MINE ID # OR PROSPECTING ID # M-1984-108 INSPECTION DATE 10/26/07 INSPECTOR'S INITIALS WHE OBSERVATIONS This inspection occurred as part of the Division's monitoring plan for permitted sites. The Olathe Pit is approved for 9.9 acres affected larid. Affected lands will be reclaimed to support wildlife habitat and general agriculture post- mining land use. The Division holds $8,167 financial warranty. Four photos and a reclamation cost estimation totaling $4,422 accompany this report. This report identifies several problems, which require corrective action from the Operator. Details of the corrective actions and their associated deadlines are listed on page three of this report. The 9.9 acre permit area is located within a previously disturbed area of approximately 20 acres located adjacent to the west bank of the Uncompahgre River. According to permit documents, excavation would occur at the 6.02 acre pit area, with material processing and stockpiling to occur at the 3.64 acre process area. The excavation area and the processing area are connected by a haul road, approximately 350 feet long and 30 feet wide (0.24 acres). The excavation area would be reclaimed as a pond to support wildlife habitat and the processing area would be reclaimed as an alfalfa field to support agriculture post-mining land use. According to the approved plan, mining excavation would not occur at the processing area. However, as shown in the photos, mining excavation has occurred at the processing area to result in two ponds; a north pond and a south pond. Therefore, the mining activity did not progress in accordance with permit conditions and the reclamation plan must be revised to reflect the two ponds and no alfalfa field. The permit documents do not verify that the Operator has procured a well permit for the evaporative loss of the exposed groundwater for the two ponds created by this operation. Pursuant to Rule 3.1.6(1)(b), 6.3.3(i) and Q), the Operator must minimize disturbances to the prevailing hydrologic balance by complying with applicable Colorado water laws and regulations governing injury to existing water rights. Such compliance is typically demonstrated by submitting to the Division, copy of the issued well permit from the Office of the State Engineer, Division of Water Resources, for the excavation where groundwater is exposed. As noted above, the Division has completed a reclamation cost estimation to reflect current conditions, totaling $4,422. Therefore, assuming the Operator can demonstrate compliance with Rule 3.1.6(1)(b), the existing $8,167 financial warranty appears sufficient to ensure completion of reclamation. However, as noted on page three of this report, if the Operator cannot demonstrate compliance with Rule 3.1.6(1)(b) within the allotted trox matee two Division will calculate a new reclamation cost estimation for backfilling both pits to an elevation app Y feet above groundwater elevations to ensure compliance with 3.1.6(1)(b). As noted in the Division's previous inspection reports, the site exhibits a serious infestation of knapweed, which appears to have invaded affected lan oved weed co nrogplanaand Ru en3 1 10(6) were observped ing weed control methods in accordance with the app Response to this report should be directed the Division's office in Durango, to the attention of Wally Erickson, at 701 Camino del Rio, Room 315, Durango, CO 81301, phone (970) 247-5469. I & E Contact Address NAME Judy DeVincentis OPERATOR Western Gravel, Inc. STREET 3001 N. Townsend Avenue CITY/STATE/ZIP Montrose CO 81401 cc: Tony Waldron, DRMS ^ CE ^ BL ^ FS ^ HW ^ HMWMD (CH) X SE, Durango Office ^ WOCD (CH)