2010-06-24_ENFORCEMENT - M1980041

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(Page 2) MINE ID # OR PROSPECTING ID # M-1980-041 INSPECTION DATE 06/18/2010 INSPECTOR'S INITIALS PSH OBSERVATIONS The Rock Gulch Gravel Pit, File No. M-1980-041, was inspected by Peter Hays with the Division of Reclamation, Mining and Safety (Division) at the request of Mr. Walt Harder with Harder Diesslin Development Group. This is a possible violation inspection of the Rock Gulch Gravel Pit. Mr. James L. Treat, permittee/landowner and Mr. Walt Harder were present during the inspection. The Rock Gulch Gravel Pit is located approximately 1 mile south of Salida, Colorado in Chaffee County. Chaffee County Road 107 bisects the northwest corner of the site. The site is an active 110c Construction Materials operation permitted for 9.8 acres of maximum disturbance. Mr. Treat is the landowner of the mine site and the 47.8 acres located north and east of the site. The 47.8 acre area includes a 4.0 acre of county road easements and a 7.3 acre Woodlawn Cemetery easement. The site was previously inspected by the Division on July 21, 2006. An entrance sign was posted and permit boundary markers were observed as required by Rule 3.1.12. On April 3, 1980 the Division of Reclamation, Mining and Safety issued the Construction Material Regular (110) Operation permit, M-1980-041, for the Rock Gulch Gravel Pit. Mr. Harder and his business partner are under contract to purchase the Rock Gulch Gravel Pit from Mr. Treat. In advance of the purchase, the site was. surveyed at the request of Mr. Harder. On May 7, 2010, Mr. Harder informed the Division the site had been mined outside of the permit boundaries. During the inspection, both parties stated they were aware of the Succession of Operator process required to transfer the reclamation permit. Mr. Harder provided the Division with a copy of the preliminary site plan map prepared by AVS of Buena Vista, Inc., dba Arkansas Valley Surveying, dated April 29, 2010 for the Rock Gulch Pit during the inspection. The map indicated the Operator has conducted mining activities outside of the approved permit boundaries. The newly surveyed boundary markers and affected area were GPS surveyed with a Trimble Geo XT by the Division. A map indicating the result of the GPS survey is attached. The location of the northeast corner marker was estimated by the Division since it was staked on a stockpile which had been disturbed, removing the survey marker from the stockpile. The Rock Gulch Gravel Pit is approved for 9.8 acres of disturbance. The results of the GPS survey conducted by the Division indicate a 9.8 acres permit site, based on the recent survey markers, and 7.4 acres of affected area. The Division estimates 4.2 acres of the affected area are located outside of the permit boundary. The GPS unit has a sub-meter level of accuracy. The GPS points were incorporated into a 2009 NAIP aerial image. Section C.R.S. 34-32.5-103(13) of the Colorado Land Reclamation Act for the Extraction of Construction Materials defines a mining operation as "the development or extraction of a construction material from its natural occurrence on affected land." C.R.S. 34-32.5-103(1) defines affected land as "the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of an operation." Some examples of mining related disturbances included in definition of affected lands are: roads, land excavations, refuse banks, spoil piles, and evaporation or settling ponds. Based on the inspection observations and the Colorado Land Reclamation Act for the Extraction of Construction Materials, there is a reason to believe a violation of Section 34-32.5-109(1) of the Colorado Land Reclamation Act for the Extraction of Construction Materials may exist for failure to first obtain a reclamation permit before engaging in a new operation. The possible violation will be scheduled for the August 11-12,