2009-10-06_INSPECTION - M1981250

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(Page 2) MINE ID # OR PROSPECTING ID #: M-1981-250 INSPECTION DATE: 9/29/09 INSPECTOR'S INITIALS: FCS- OBSERVATIONS This was a routine monitoring inspection for the Brand Pit, an active Yuma County I I2c sand and gravel permit, conducted by Eric Scott of DRMS. DRMS followed Yuma County Road and Bridge representatives Howard McGinnis, and Kent Twiss to the site, and observed the site with them at approximately 1145. Yuma County has 320 acres currently permitted at this location. The mining site identification sign was observed at the active site entrance, and the extent of the site was defined by painted steel T-posts and existing fences. Mining is currently taking place in an approximately 10-15 acre area in the south central portion of the permit area. The remainder of the permitted area is, as of yet, undisturbed and is still used as farmland by the property owner. The site has some minor "housekeeping" issues at this time, such as erosion gullies in the sidewalls and an area of standing water, but these were both relatively minor and should be easily corrected. Concurrent reclamation should be considered wherever possible to maximize the amount of time vegetation has to re- establish. There is an unsecured fuel tank with no secondary containment onsite that reportedly belongs to the property owner. The county was informed that as the current permit holders, they were responsible for any activities taking place on the site - even those of the property owner. The county stated that the original lease between the original property owner (now deceased) and the county could not be located. It is very important that the county maintain the legal right to enter the site for mining and reclamation activities. The county should actively pursue a new lease with the current property owner(s) to cover all mining and reclamation activities required by the existing permit, as well as to secure the interests of the county. It was also noted during the inspection that there were active farm buildings and grain storage bins located in the northeast corner of the permit area, a gas line along the north side of the permit area, and a new gas/oil well located in the northwest area of the permit. The farmstead has likely been present since well before the site was permitted in 1981, however, the other features may be more recent. None of these structures are currently depicted on any of the mine plan or reclamation maps or mentioned in the text of the permit. No damage waivers for these structures have been obtained to date. At present, mining activities are well over 200' from these structures, but these structures are within the current permit area. These structures will need to be added to the mining plan and reclamation maps and the new maps submitted to DRMS. Damage waiver agreements will also need to be pursued with the structure owners according to section 6.4.19 of the construction materials rule. As an alternative, because the areas within 200 feet of these structures are still undisturbed, the county may submit an acreage release request to modify the permit boundaries to stay at least 200' from any existing permanent manmade structures. In addition, the Division will require that Yuma County provide a copy of their proof of legal right-to-enter as described in Section 6.3.7 of the Construction Materials Rule. I & E Contact Address Howard McGinnis - Yuma County Road and Bridge 1310 South Blake Street Wray, CO 80758