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2009-10-16_INSPECTION - M2002087
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2009-10-16_INSPECTION - M2002087
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Last modified
8/24/2016 3:56:13 PM
Creation date
10/20/2009 1:36:14 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002087
IBM Index Class Name
INSPECTION
Doc Date
10/16/2009
Doc Name
Inspection report
From
DRMS
To
Mask, LLC
Inspection Date
9/18/2009
Email Name
WHE
Media Type
D
Archive
No
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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-2002-087 <br />INSPECTION DATE 9/18/09 <br />OBSERVATIONS <br />INSPECTOR'S INITIALS WHE <br />This inspection occurred in response to the Operator's request for full release of warranties and <br />termination of permit (SL-01). The operation is approved for 9.5 acres affected lands. Affected lands <br />shall be reclaimed to support developed water resources and wildlife habitat. The Division holds $11,760 <br />financial warranty. Eight photos accompany this report. <br />As shown in the photos, a pond, approximately five acres in surface area, was created by the operation. <br />The pond is irregular shaped and includes one island and one peninsula. Approximately 120 Canada <br />geese and various water fowl were on the pond. The pit is located immediately adjacent to the San Juan <br />River; and was excavated to an elevation equal to or less than the elevation of the river flow. The pond <br />exposes ground water. Additionally, the pond is fed fresh water from the San Juan River by a culvert. <br />The pond has a primary spillway located at the far southwest corner, which outlets to the San Juan River. <br />The primary spillway was not protected by a debris screen. A designed secondary spillway was not <br />observed. Inlet and outlet for the pond were flowing at the same approximate rate of flow during the time <br />of this inspection. Pond slopes approximated 31-1:1V and appeared compliant with Rule 3.1.5(7). <br />However, vegetative cover for the pond slopes was inconsistent and ranged from well established to <br />sparse and weedy. Evidence of the Operator employing weed control methods was observed. <br />On September 22, 2009, the Division received comment from the Office of the State Engineer, Division of <br />Water Resources (DWR), indicating that the Operator does not have a valid well permit and does not <br />have'water storage rights (copy enclosed). Permit documents indicate that the Operator acknowledged <br />that a, well permit would be required and affirmed that a well permit would be acquired. Pursuant to Rule <br />3.1.6(1)(a), the Operator is required to comply with Colorado water laws and regulations governing injury <br />to water rights. The Operator has 30 days from the signature date of this report, by November 16, 2009, <br />to demonstrate compliance with the requirements of Rule 3.1.6(1)(a). If, by November 16, 2009, the <br />Operator has not demonstrated compliance with Rule 3.1.6(1)(a), the Division shall increase the amount <br />of financial warranty required for the operation to address backfilling of the pond and thereby ensure <br />compliance with Rule 3.1.6(1)(a). <br />Therefore, the Operator has not completed reclamation in accordance with permit conditions and the Act <br />and Rules. On October 15, 2009, the Division denied the Operators request for full release of warranties <br />and termination of permit. <br />Response to this inspection report should be directed to the Division's office in Durango at 691 County <br />Road 233, Suite A-2, Durango, CO 81301, to the attention of Wally Erickson, phone (970) 247-5469. <br />Please note the change of address for the Division's office in Durango. <br />I & E Contact Address cc: Steve Shuey, DRMS <br />? CE <br />NAME' Dennis Walker ? BL <br />OPERATOR Mask, LLC ? FS <br />STREET P.O. Box 5356 ? HW <br />CITY/STATE/ZIP Pagosa Springs, CO 81147 ? HMWMD (CH) <br />X SE, Heidi Frey <br />X Dennis Walker, Hamilton, MO <br />X Lucas Martinez, Mask Ranch
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