2009-08-18_INSPECTION - M1992009

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(Page 2) MINE ID # OR PROSPECTING ID #: M-1999-009 INSPECTION DATE: A/14 X17 9nn9 INSPECTOR?S INITIALS: RK OBSERVATIONS The Division conducted a monitoring inspection of the site on 8/14 & 17, 2009. The site is a small phased 112 sand and gravel operation located approximately 0.3 miles East of the town of Gillette Colorado. Present during the inspection was Mr. Chris Pyles, the operator. The total permitted acres is 32, of a 50 acre parcel. Maximum affected acres at any given time is 10 acres. The current warranty for the 10 acres to be affected at any given time is $36,310.00, The permit area consists of approximately .5 acres of wet lands that cannot be affected. Operator has a permit from Army Corps, which allowed him to re- locate the perennial stream that runs through the permit area. The entire permit area was walked and inspected. Mining is along the north east portion of the permit area. The approved mining and reclamation plan allows the operator to place a high wall no more than 15 feet in height, the high wall in the active mining area appear to exceed the height. Operator explained the problem he is having with a buried telephone wire, which is considered a permanent man made structure. The mining had exposed the telephone wire along the north south extension of the active mining face. Mr. Pyle's stated that, no one knew the buried line existed in the area, and no markers were placed identifying such line. He also stated that at one time the dozer operator cut the wire and it had to be repaired. He was notified to either get a written agreement with the owners of the telephone wire to either move it away from the pit area, or place it above the permit area. He stated that he had been in communication with QWEST DRMS requested all communications to be forwarded to the Division and that until such time all activities to cease, with the exception of cutting the steep high wall slope. The original permit application pulled from Archives because the imaged document did not have the complete file states, "No buildings or structures currently exist with in or near the permit area". However, the legal description of the site allows easement for such structures. Went to the county clerks and recorder's office to see if there was an approved plan for a buried telephone wire in the permit area, the short cursory review was unable to provide proof. DBMS asked the operator in addition to resolving the issue with the telephone co, have a land surveyor survey the permit area and provide both a mining and reclamation plan as approved in 1992, clearly delineating the 32 acre permit area from the 50 acre parcel. Place appropriate boundary markers of the permit area. If the operator wants to add the existing 18 acres to the permit, an amendment to the permit can be submitted to include the 18 cares to the permit. At the time of the inspection two crusher and screen were located one along the east side and another along the west side of the permit. A small amount of processed material was also located along the east and west side of the permit area. Top soil piles properly identified and protected. The operator had reclaimed approximately 1 acre, but until the reclaimed site is released, the maximum acres to be disturbed at any given time is 10 acres. However, if the operator wishes to lower the warranty for any reclamation work, the operator can request a warranty reduction by submitting a revision to the permit and clearly surveying the total acres reclaimed and the warranty reduction requested for the work already completed. operator has also placed a small scale and a portable office for the scale. Since the placement of the scale was not submitted as a technical revision to the permit, DRMS request the operator to provide the appropriate dimensions of the scale so the warranty to remove it and reclaim the area can be added to the permit.