2009-08-28_INSPECTION - M1977376

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(Page 2) MINE ID # OR PROSPECTING ID #: M-1977-17A INSPECTION DATE: A/I7LQ-9 INSPECTORS INITIALS: RK- OBSERVATIONS The Division conducted a monitoring inspection of the site as part of sites to be inspected during the fiscal years 2009-2010. The site is an old CF&I steel dolomite mine that was succeeded by the current operator in 2003. Site is located approximately 3 miles west of Canon City. Present during the inspection were Larry Cox, Andre Laroche and Mac Shafer of Continental Materials. As noted above the site consists of 481 acres, which includes a lot of the pre- law disturbed areas. When the site was permitted under the 1977 permit, most of the existing disturbance was determined to be affected prior to the permit and was excluded from financial liabilities. The current mining acres which were previously disturbed by the previous operator covering a total of 64.7 acres according to the annual report. However, according to the map submitted in 1982 when the site was last amended, MAP "A" has the following delineations, Developed area 11 acres, future area 22 acres, south extension 4.8 acres and Fines storage area of 12.5 acres. The last time the site submitted a revised reclamation plan time table was in January 181988, where CF&I SUBMITTED A REVISED RECLAMTION PLAN AND TIMETABLE. Since then all the revisions have been secession of operations, which means all liabilities assumed by the previous operator is passed to the current permit holder unless specific provisions were added or deleted during the approval process. DRMS could not find such specific provisions. In order to avoid future confusion as to what is included in the current affected acres for the site under the approved permit, it is very important for Continental Materials to provide a detailed mining and reclamation map, clearly delineating the per- law disturbance that they are not responsible for, under current conditions. ALL the maps on file with DRMS SHOW the large permit area with an outline delineation of a smaller affected areas. The annual report map shows the larger permit boundary, or property boundary in black with an outline of the permit boundary in red. Within the permit boundary the current disturbance is explained as Old to very old Disturbance made by previous operators as 46.46 acres and land currently being used in the present operation as 18.24. The submission of the new maps will eliminate confusion. DRMS will not site the fact that there is no clearly delineated maps showing what is covered under the current permit as a possible problem because it was not cited as such, however, given the numerous acres of pre- law disturbance noted during the inspection, it is important to have these maps in place to avoid future confusions. The entire permit affected area where active mining had been taking place was driven and inspected. There was a large quantity of processed stockpiled material noted along the north side of the active pit area. According to MAC all the activity on site the past year had been removal of material from the stockpile. Along the East side of the permit area was an empty diesel fuel container. If Continental materials wants to use these container, even though dolomite is very impervious, DRMS will like the operator to construct a lined area capable of handle 1201W of the total gallons to be stored in the event a spill occurs, in accordance with SPCP( spill prevention control plan) OF the Rules and Regulations. High walls were stable no major stability issue observed. Permit sign and boundary markers were observed from a distance.