2009-12-17_INSPECTION - M1981185

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(Page 3) MINE ID # OR PROSPECTING ID # M- 1981 -185 INSPECTION DATE 11/24/09 INSPECTOR'S INITIALS WHE Order for Violation MV- 2009 -033 and cause the Division to schedule the issue for consideration by the Board. Explosives— No blasting occurred during the inspection. However, the Operator has recently utilized explosives and has indicated that explosives will be utilized for mining purposes. Therefore, the permit must be updated to address the requirements of Rules 6.3.3(1)(0) and 6.5(4). The corrective action deadline, originally set for November 29, 2009, whereby the permit must be updated to address Rules 6.3.3(1)(0) and 6.5(4), has been extended. Please ensure that the permit modification required by the corrective actions of Violation MV -2009- 035 also address the requirements of Rules 6.3.3(1)(0) and 6.5(4). Level 2 Area — Significant material had been recently excavated from the cut slope above the portal and alongthe north side of the approach to the portal. Exposed strata at the portal dip to the south, resulting in a potentially unstable highwall along the north side of the entry. Such conditions had previously generated an abundance of rock fall at the Level 2 portal. The south highwall for the approach to the portal also appeared to have been recently scaled for loose rock. The Operator's representative indicated that the recent activity had occurred in accordance with Mine Safety and Health Administration (MSHA) citations. The Operator forwarded copies of MSHA citations 6445150 and 6424190 to the Division on December 8, 2009. The mining related activities at the Level 2 portal occurred prior to the issuance of Violation MV- 2009 -035. Therefore, at this time, the Division finds no reason to believe a failure to comply with the Cease and Desist Order for Violation MV- 2009 -035 has occurred. However, effective December 10, 2009, all mining related activities are prohibited, including reclamation and site maintenance, with the exception of relocating 5,000 cubicyards of ore material from the underground stope to the portal pad at Level 1 area. The Cease and Desist Order for Violation MV- 2009 -035 shall remain in effect until the Operator has updated the permit through the appropriate permit modification process. The Level 2 portal appeared dry, no portal discharge was observed. Permit documents indicate National Pollutant Discharge Elimination System (NPDES) permit CO- 0036781 had been issued bythe Colorado Department of Public Health and Environment, Water Quality Control Division, for the operation. Level 1 Area —The permitted portal was clear and sheltered by a timber shed. No portal discharge was observed from the permitted portal or the unpermitted portal at Level 1. As shown in the photos, the Operator has not only completed construction of the unapproved portal and steel set entry (subject of Violation MV- 2009 -035), but has also constructed a mill facility within the unpermitted portal. The mill facility included a jaw crusher, cone crusher, ball mill, three float cells, separation table, crushed ore bin, conditioning tank, sump pump, and water spray bars. All components of the mill circuit were connected by conveyor belts, augers and /or pipes. A bank of electrical boxes was mounted on the wall of the entry. Three steel containers, approximately eight feet wide, ten feet tall and 15 feet long were located adjacent to the entry. One of the steel containers housed a generator for electric power; the remaining two contained materials and equipment. A work crew of two to three was on site. The Division had previously informed the Operator that the existing permit was not approved for a mill facility. The Division clarified that construction of the mill facility may not commence until the permit and financial warranty is amended to fully address such facility. Rather than comply with the Division's directive, the Operator has constructed the mill facility prior to amending the permit.