2009-10-15_INSPECTION - M1981014

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(Page 2) MINE ID # OR PROSPECTING ID # M-1981-014 INSPECTION DATE 9/15/09 OBSERVATIONS INSPECTOR'S INITIALS RCO This inspection was performed by the Division as part of its monitoring of Construction Materials 112c permits. The operator's Grand Junction office was contacted about the scheduled inspection. The operator's onsite representative named on page one was present during the inspection. The permit was transferred to the current operator in March 2008. The current operator is required to post a permit ID sign at the entrance to the site, but no sign was observed during this inspection. The affected area boundaries are also to be marked, and a few of the markers were observed. The lack of a permit ID sign is noted as a problem in this report. The corrective action is that the operator must post a sign, containing all the information required under Rule 3.1.12. See the last page for the correction date. The mining and reclamation plans that were in effect prior to the permit transfer have not been changed by the current operator. The mining operation currently is approved as a phased mining plan, with the sequence of mining phases most recently revised in April 2007, under technical revision TR-5. The plan allows up to 40.0 acres of disturbance at a time, among the various affected phases. Currently there is disturbance in phases 1-A, 2, 6, and 1-B. There is presently a significant discrepancy between the actual disturbed areas on the site, and the affected areas depicted on the operator's annual report map. For example, there is disturbance in the phases listed above, but the annual report map shows disturbance only in phases 2 and 6, and covering less than half of the actual disturbed acreage. Since the permit was so recently transferred to the current operator, who has not expanded the existing disturbed areas, this will not be noted as a problem at this time. But the operator must verify the extent of the current disturbance and update the next annual report and map (and subsequent reports and maps, as applicable). The next annual report is due on the anniversary date, in June 2010. Note: the operator should carefully review the approved plan to confirm the proper phase sequence, and if necessary, apply for a technical revision. (The fee for a technical revision is $216.) If the maps are no,, updated by the next anniversary date, or the approved phased mining plan still does not conform to the actual operation being carried out by the next inspection, these issues may become problems to abate. All activity is within the proper phases, but the total disturbed acreage is very close to the 40.0-acre limit. The operator is cautioned that this limit must not be exceeded without a technical revision approving such, or final reclamation must commence on sufficient acreage. Since the site is mined in phases with defined boundaries and there is a limitation on the total disturbed acreage, it is not only important to verify that the current amounts of disturbance are known and reported, it is important that the boundaries of the active phases are also marked on the site. The markers should be durable and visible, and identifiable to the operator's managers and equipment operators as well as to Division staff. Please ensure that this is done. The approved plan for the site includes weed control monitoring and treatment. However, there appears to have been a lapse in implementing the plan, since numerous small patches of the following noxious weeds were observed at the site: yellow toadflax (Linaria vulgaris), Canada thistle (Cirsium arvense), and scentless chamomile (Matricaria pen`orata). These occur along the roads, on undisturbed ground, and at edges of the affected areas. As listed noxious weeds, they are required by law to be controlled. It is understandable that a new operator might not have had sufficient opportunity to monitor and/or treat the weeds, but the annual reports filed by the new operator state that they will be. It is apparent that the plants show no sign of treatment during 2009. Therefore, the presence of the untreated patches of noxious weeds at the site are noted as a problem in this report. The corrective action requires the operator to review the weed control plan and begin implementing it as soon as appropriate in 2010. A written statement committing to the timely and continued weed control, and a copy of the weed control plan must also be mailed to this office. See the last page for the correction date. (Note: If the Division determines that the plan should be improved to be more effective, or if there is no plan, the operator must apply for a technical revision. A copy of this report will be sent to the county weed district, see address below, from whom the operator is encouraged to seek assistance.) The pit floor is dry, except for a few rain puddles due to the clay and undulating surface. It will not be mined deeper. The mining slopes are at about a 1.5:1 gradient, and all slopes in their final location must be reduced to 3:1. There is a 300- gallon gasoline tank and 500-gallon diesel tank onsite, both of which include the required impermeable secondary containment. The concrete batch plant is on the SW side of the river, but it is to be moved to phase 6 on the NE side of the river soon. This may allow some reclamation to occur before expansion of the pit.