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2010-12-22_INSPECTION - M2004028
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2010-12-22_INSPECTION - M2004028
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Last modified
8/24/2016 4:28:14 PM
Creation date
12/23/2010 10:15:00 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004028
IBM Index Class Name
INSPECTION
Doc Date
12/22/2010
Doc Name
Insp Rpt
From
DRMS
To
Febbraro Construction Co.
Inspection Date
12/10/2010
Email Name
JLE
AJW
Media Type
D
Archive
No
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PERMIT #: M-2004-028 <br />INSPECTOR'S INITIALS: JLE <br />INSPECTION DATE: December 10, 2010 <br />OBSERVATIONS <br />This was a full site release (SL-01) inspection of the Broyles Pit; DRMS File No. M-2004-028, operated by Febbraro <br />Construction Company. This site is located approximately 14 miles northeast of Trinidad, Colorado in Las Animas <br />County. I, Jared Ebert of the Colorado Division of Reclamation Mining and Safety (Division) conducted the inspection. <br />Mr. Wesley Febbraro accompanied me on the inspection. Mr. Joseph Febbraro was aware of the inspection but was unable <br />to attend. <br />This is a 1 10c operation with a permit area of 9.96 acres. The mine identification sign was in place at the entrance of the <br />mine site. This site consists of two distinct mining areas, denoted in this report as the east pit and the west pit. The <br />Division could not locate the boundary markers for the east pit. Several white poles were in place around the west pit, but <br />the entire permit boundary could not be ascertained. This issue is cited as a problem at the beginning of this report <br />and will require corrective action to be taken by the Operator. The Operator will need to mark the boundaries with <br />markers of sufficient size and number to delineate the permit boundary. Photographic evidence and a signed statement <br />from the Operator indicating the boundaries have been marked will need to be submitted to the Division. <br />The eastern and western pit excavations had been graded with side slopes approximately set at a 4:1 horizontal to vertical <br />ratio daylighting to the south. Very little vegetation has established in the reclaimed area. The vegetation consisted <br />primarily of annual weeds. The Operator will need to re-seed these areas and monitor the vegetation establishment and <br />manage invasive weeds. Also, a large stockpile of mined material was located within the western permit boundary. The <br />Division cannot release the permit while stockpiled material remains on site. Given the lack of vegetation establishment <br />and the stockpile of mined material on the site, the full financial and performance warranty release will be denied. <br />Also, the Operator has affected approximately 1.8 acres outside of the permit boundary. This area was measured using a <br />Trimble GeoXT GPS unit. A map of the Division's findings is enclosed with this report. The land affected outside of the <br />permit boundary appears to be a product storage area containing two large stockpiles and several small stockpiles of <br />mined material. It appears material has recently been excavated from these stockpiles and likely taken offsite. This area <br />is located north of the eastern pit. The approved mining plan map indicates the eastern pit area would be south of the <br />access road. This 1.8 acre storage area is north of the access road. Rule 1.1 (3) of the Mineral Rules and Regulations of <br />the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials indicates land used for storing <br />and processing of material is considered "affected land" and is considered part of the mining operation. Land affected by <br />the mining Operation must be contained within the approved permit boundary. Colorado Revised Statute 34-32.5-116 (4) <br />(i) indicates an operator must protect areas outside of the approved affected land from slides or damages occurring during <br />the mining operation and reclamation. As indicated above, this storage area appears to be outside of the approved permit <br />boundary. This issue is cited as a possible violation at the beginning of this report and will require and Enforcement <br />Hearing in front of the Mined Land Reclamation Board. <br />Page 2 of 4
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