2010-07-01_INSPECTION - M1977144

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(Page 2) MINE ID # OR PROSPECTING ID #: M-1977-144 INSPECTION DATE: 6/711n INSPECTORS INITIALS: R- OBSERVATIONS The Division conducted an inspection of the site as part of sites to be inspected during the fiscal years 2009-2010.The site is a very old 112 granite quarry located approximately 1.5 miles east of Buck Skin Joe. Present during the inspection was Mr. Aaron Tezak, the operator. As stated, this site is a very old granite quarry that was also mined per-law for Feldspar and Mica and appeared to have been incorporated into the 112 permit. In the past inspection in 2006, the operator was asked to submit a new map delineating these areas. The operator as instructed had placed the permit boundary markers as part of complying with the infractions noted but a new map was never submitted This new map should include the current mining and reclamation map should include, the total mining affected acres, reclaimed affected acres, pre- law affected acres if they were included in the 1977 permit that were not affected by the operator since permit was issued. According to the annual report that had been submitted since 1998, after an amendment to convert the 110 permit(9.9 acres) into a 112 permit 46 acres the operator had consistently indicated a total of 36 acres to be affected. The assumption is the operator is taking liability of the old affected areas. The amendment describes five distinct areas in the permit area. MOND 3 North Dump, which now appeared to have been reclaimed, covering approximately 100 feet of end dumped material, MOHW, West High Wall, covering 6.5 acres, MOEW, East High wall, covering 6 acres according to the amendment this area was to be mined for 25 years, before reclamation starts, MOPF-Pit Floor, 2.9 acres. Since 1991, the total affected area of the permit is reported as 35 acres of the 46 acre permit, in the annual report, with a no change hand written notation. The financial warranty calculation agreed upon by the Division at the time the site was converted into a 112, includes the following assumptions. 1)over sized material 1,000 cubic yards 2)North Dump 1000 cubic yards 3)East Dump 900 cubic yards 4)grading benches, 400 cubic yards 5)grading & sloping MOHW-1 300 cubic yards 6)46 acres to be seeded. Based on the above the Division agreed with your submitted calculations and set the warranty to be $38,0002.00 During the 2006 inspection the Division mentioned the fact that the warranty need to be calculated, but never conducted the exercise or cited the warranty as a possible problem. Because it was not cited as a possible problem at that time, until a new map is submitted, showing the actual areas currently affected the number of dumps that are already reclaimed, since the conversion application. Once the information is received, the Division will evaluate the warranty to make sure it is adequate. The Division would like to receive the information no later than 90 days from receipt of this inspection report or by September 30, 2010. The entire permit area was walked, driven and inspected. Site was not active at the time of the inspection. The pit area along the western portion of the mine was holding a lot of water. The water appeared to be spring fed. In 2006, it was cited as a possible problem. Operator was to either backfill the pit or provides proof from the State Engineers Office that they indeed have the appropriate permit to pond the water and also account for evaporative loss. To date the Division had not received the required information. After the inspection I met with Ms. Nicole Tezak, in the Canon City Office and informed her about the required information. The Division asked her if she had received the recent letter from the Division addressing such issue regarding exposed ground water. She said she will research the matter with Mr. Bill Tezak, the owner and operator of the site and will get back to the Division as soon as possible. Exposed Gw