2009-09-30_INSPECTION - M1981185

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(Page 3) MINE ID # OR PROSPECTING ID # M-1981-185 INSPECTION DATE 9/3/09 INSPECTOR'S INITIALS WHE file a modification to the permit through either the Technical Revision or Amendment process to fully describe all major components of the mining operation including, but not limited to, the new portal at the Level 1 area. The Operator has agreed to be bound by all requirements of the Act and Rules and is obligated to maintain his permit and comply with his permit conditions. The Division believes that by failing to update the permit, to incorporate the new portal prior to constructing the portal, the Operator has violated the conditions of his own permit. Pursuant to C.R.S. 34-32-124(1), the Division has scheduled the possible violation for consideration by the Colorado Mined Land Reclamation Board (the Board), to occur during the November 12 -13, 2009 Board meeting. The approved mining and reclamation plan does not indicate that on-site processing of ore or a milling operation was intended. If the Operator desires to incorporate a mill the Level 1 area or elsewhere within the permit boundary, the Division requires that such plans be fully approved and bonded prior to commencement of construction of the mill and that such plans be submitted for review through the Amendment process. Notice to Increase the Financial Warranty- Pursuant to Rule 4.2.1(1), the Division has reviewed the current cost of reclamation totaling $38,209. Enclosed please find 21 pages of summary, worksheets and data sheets utilized by the Division to estimate the current cost of reclamation. Therefore, the existing $10,881 financial warranty appears insufficient to ensure the completion of reclamation. Pursuant to Rule 4.2.1(2), the Operator has 60 days to increase the financial warranty to total not less than $38,209. Inspection Topics Specific to the Citizen's Complaint Use of Explosives - The reclamation plan indicates that the Lamb portal would be closed by explosives. Therefore, the permit indicates that explosives would be utilized for reclamation purposes. During the inspection, at 10:-';0 a.m., the inspector heard a blast from the Level 1 portal. Pursuant to Rule 6.3.3(1)(o), the Division requires the Operator to modify the permit through either the Technical Revision or Amendment process to clarify that explosives will be utilized for mining and reclamation purposes. The revision shall demonstrate, pursuant to Rule 6.5(4), that off-site areas will not be adversely affected by blasting during mining or reclamation operations. Use of Sub-standard Bridge- Permit documents indicate that the bridge is part of a pre-permit access road not substantially altered to support the mining operation and not included within the permit boundary. As such, the bridge appears to be an issue beyond the Division's jurisdiction. No Established Access - As noted above, permit documents indicate that access roads were well established before the permit and were not included within the permit boundary. However, access to the site is gained from County Road 124 through a newly constructed access road. The newly constructed access road is the same road previously associated with the Idaho Mill and subject of Violation MV-2009-007. While entering the site the inspector and Operator encountered the blaster using the newly constructed road to exit the site. The Operator verified that the newly constructed road was his only access for not only the Idaho Mill but also for the May Day Mine. The Operator has attempted to incorporate the newly constructed road into the Idaho Mill permit but that application has outstanding adequacy issues and has not been approved. As such, the newly constructed road is not addressed by any approved reclamation plan. Pursuant to Rule 1.1(4) the newly constructed road appears to be "affected land" for the May Day Mine and/or the Idaho Mill. The Division believes that the newly constructed and unpermitted access road to the May Day Mine constitutes a violation of permit conditions and C.R.S. 34-32-