2008-05-05_INSPECTION - M1988090

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MINE ID # OR PROSPECTING ID # M-1988-090 INSPECTION DATE 04/24/2008 INSPECTOR'S INITIALS DEZ OBSERVATIONS This inspection of Permit Number M-1988-090 (Deer Trail Pit) was conducted by Deb E. Zack and Jared Ebert of the DRMS as part of the routine monitoring and inspection protocol. No company representative was present during this inspection. The pit is located approximately 1 mile southwest of Deer Trail, CO, and currently consists of 110 acres of which it appeared that approximately 15 acres (maximum allowable under this permit) are currently disturbed. The mine entrance identification sign must be posted and permit boundaries must all be clearly marked per Rule 3.1.12(2) and Rule 3.1.12(1)(c) and photographic evidence submitted to the Division on or before July 30, 2008 (see Problem No. 1 on pg. 3). The southern portion of the site appeared to have been active during the recent past, and a highwall of approximately 40 feet in height runs the length of the southern perimeter of the site. Mining activity appeared to have reached its limit on the western boundary, and the operator is reminded to use caution if any additional work is required along this boundary line, especially given the proximity of the current excavation to the over-head powerlines (see photo 3). DRMS inspectors recommend that no additional extraction of material should occur on this southwestern portion of the site, as the operator committed to remaining setback from the powerlines and adjacent County Road 213 (by at least 200 feet (see enclosed portion of the operator's mining plan, submitted as a component of the conversion application in 1996). What appeared to be an adequate amount of topsoil was stockpiled at the southwestern corner of the site (see photo 4). There was evidence of fuel and/or hazardous materials on site that appeared to lack the required secondary containment (see photos 7 and 8 and Problem No.2 on pg. 3). All storage tanks, petroleum and hazardous materials on site for any period of time shall have secondary containment. The Operator must supply photo documentation that any and all fuel tanks and hazardous material containers (including oil, lubricants and any other such materials) are stored in proper secondary containment structure(s), OR are removed from the site on or before July 30, 2008. A berm must be constructed around any tanks left on site. The dimensions of this berm must have the capacity to contain all contents of the tank (when full) plus 10% of the tank's capacity. In addition, a liner shall cover the entire basin as a barrier to infiltration should a release occur. In addition, inspectors observed a range of debris on the mine site such as concrete, tires, rusted metal, and old tanks (see circled areas in photos 6-8). If not being used for the active mine operation, all of this debris must be legally removed from the site on or before July 30, 2008 (see Problem No. 3 on pg. 3). The Operator also has the option to bury the concrete portion of the material (per Rule 3.1.5(9)) under the following criteria: "An Operator may backfill structural fill material generated within the MLRB permitted area into an excavated pit within the permit area as provided for in the MLRB Permit. If an Operator intends to backfill inert structural fill generated outside of the approved permit area, it is the Operator's responsibility to provide the Office notice of any proposed backfill activity not identified in the approved Reclamation Plan. If the Office does not respond to the Operator's notice within thirty (30) days after receipt of such Notice by the Office, the Operator may proceed in accordance with the provisions of this Rule. The Operator shall maintain a Financial Warranty at all times adequate to cover the cost to stabilize and cover any exposed backfilled material. The Notice to the Office shall include but is not limited to: (a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material to be backfilled; (c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); (d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; (e) an explanation of how the backfilled site will result in apost-mining configuration that is compatible with the approved post-mining land use; and (f) a general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids:' Russian Olive was observed near the drainage on the western-central portion of the site (see Problem No. 4 on pg. 3) -see photo 5). The Operator is advised to either treat the Russian Olive trees while the infestation is relatively small and localized with an approved herbicide or excavate these trees when the site is being regraded during reclamation. If the Operator chooses to address the Russian Olive problem during reclamation while regrading the site, the Division will require a letter committing the Operatorto this course of action on or before July 30, 2008. If the Operator decides to spray or otherwise treat the Russian Olive with chemicals, then a weed control and management plan must be created per Rule 3.1.10(6) on or before July 30, 2008. This plan should be developed in consultation with the county extension agency, or weed control district office, and should include specific control measures to be applied, a schedule ofwhen the control measures will be applied, and apost-spray monitoring plan. In addition to the above stated issues, the Division is concerned with the apparent exposure of groundwater (see the circled area in photo 2) in the southern portion of the unauthorized disturbance. It seems clear that the water being held onsite is either exposed groundwater, or surface water runoff being held on site (see Problem No.5 and the associated corrective action noted on page 3 of this report). State Engineer's Office rules require all surface runoff to be released from the site (not held onsite) for greater than 72 hours. Therefore the operator is required to fill in the area, cover it with a minimum 2 feet of material above the highest groundwater elevation, and submit photographic documentation of this corrective action to DRMS on or before July 30, 2008. The operator is reminded that the bond calculated for this site is based upon the current active disturbance being limited to 15 acres at any given point in time. If the Division measures site disturbance in excess of the approved and bonded 15 acres, this may result in a future bond/surety increase to compensate for any additional disturbance. Responses to this inspection report should be directed to Deb E. Zack at the Division of Reclamation, Mining and Safety, Denver Office, 1313 Sherman Street, Room 215, Denver, Colorado 80203, phone number 303-866-4179. I & E Contact Address cc: ^ CE NAME Mr. Wavne Piokin ^ BL OPERATOR TWK Enterprises. Inc. ^ FS STREET P.O. Box 404 ^ Hyy CITY/STATE/ZIP Bvers. CO 80103 ^ HMWMD (CH) ^ OSE ^ WOCD (CH) ^ OTHER cc: Tony Waldron, DRMS via a-mail