2009-07-28_INSPECTION - M1984043 (2)

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(Page 4) MINE ID # OR PROSPECTING ID # M-1984-043 INSPECTION DATE 07/17/2009 INSPECTOR'S INITIALS PSH The following problems (PB) and/or possible violations (PV) (and suggested corrective actions) were identified during this inspection. The problems should be corrected by the dates given, or they will become possible violations. The possible violations should be corrected by the dates given to reduce their severity when considered by the Mined Land Reclamation Board. The inspector noted on the previous page should be notified of all corrective actions taken. PROBLEMS/POSSIBLE VIOLATIONS AND CORRECTIVE ACTIONS CORRECTIVE DATE: 8/27/09 PB OR PV: PB TOPIC(S): HB 1. PROBLEM: It appears the operator has mined through the existing ditch and has not constructed the new ditch as required in the permit. Surface water was flowing over the pit floor surface from a spring in the northwest corner of the excavated pit toward the sedimentation ponds to the southeast. The water appeared to flow into the lower two sediment ponds where it eventually discharges into the Arkansas River. As noted in the previous inspection report the operator may be required to obtain a National Pollutant Discharge Elimination System (NPDES) Permit from the Colorado Department of Public Health and the Environment (CDPHE) because mining related water is discharging from the sediment ponds. CORRECTIVE ACTION: The operator must contact the CDPHE in regards to the need to obtain a NPDES permit for the mine site. The operator must within 30 days provide the Division with proof of the diversion ditch construction and documentation that CDPHE has been contacted regarding the requirement for an NPDES permit. I, Peter Hays, hereby certify that on July 28, 2009, 1 deposited a true and complete copy of this foregoing inspection report in the United States Mail, first class postage paid, to the operator of record for this site at the address indicated, and to those others within the body of this report who have been designated to receive copies (DMG personnel excepted). Signature CERTIFIED MAIL 7006 3450 0000 4880 8526 RETURN RECEIPT REQUESTED