2011-06-20_INSPECTION - M1999064

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PERMIT k: M- 1999 -064 INSPECTOR'S INITIALS: ECS INSPECTION DATE: June 15, 2011 INSPECTION TOPIC: Signs & Markers PROBLEM /POSSIBLE VIOLATION: Problem: The mine identification sign and affected area boundary markers were not observed per the requirements of Rule 3.1.12. CORRECTIVE ACTIONS: The operator must post a sign at the entrance to the mine site which shall be clearly visible from the access road and specify the following; the name of the operator, indicate that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and the permit number. The boundaries of the affected area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries. CORRECTIVE ACTION DUE DATE: 9/30/11 OBSERVATIONS This was a routine site monitoring inspection conducted by DRMS at the Lyon King Quarry site. This is a 1 I Oc sandstone quarry operation. The inspection was conducted by Eric Scott of CDRMS. The DRMS representative met with Operator Abe Vasquez at the site at approximately 1100. There was no site identification sign present near the entrance, and permit boundary markers were not able to be found /identified This site is immediately adjacent to three other operations: M1999 -063 Red Wolf Quarry. M1999 -062 Indio Red Quarries, and M1981 -108 Beech Hill. A total of 9.9 acres are currently permitted at this site, with a maximum disturbed area of 3 acres. The boundaries were not marked, however, there are certainly more than 3 acres disturbed at this point. Because the boundaries are not marked, it is impossible to determine at this time if there have been any boundary violations or overlap with the adjacent permits. It appeared that there is almost certainly a boundary violation on the north end of the site where fresh disturbance was observed, but the maker was not well placed. It was also observed that there are no functional or observable boundaries between any of the four listed operations and they appear to operate as a single entity. The permit boundaries will need to be re- surveyed and properly marked, and a new map showing the permit boundaries in relation to the disturbed areas will peed to be submitted to DRMS by the corrective action date listed above. More easily observed permanent permit markers are highly recommended to help prevent future boundary violations. The current bond amount for this site is $8,400 which would be insufficient for the State to reclaim the disturbed areas at this point. If adequate reclamation is not performed by the corrective action date listed above so that the existing bond is again sufficient, the Division will be required to send a separate surely increase notice to the operator regarding the increase of the financial warranty. The operator will have 60 days from the date on the surety increase notice to post the additional financial warranty. Weed control activities may also need to be conducted at the site to control cheatgrass, bindweed and any other noxious weeds present. Because there are boundary violations, operational issues, and the posted bond is grossly inadequate at this time: DRMS recommends that a permit amendment be submitted by the pennittees of the above listed sites to resohc all these outstanding issues with one permitting action. IF the permittees submit a complete amendment application resolving these issues to DRMS by the corrective action date of September 30. 2011. DRMS will not pursue enforcement actions for the above violations. If this amendment is not submitted by the corrective action date. DRMS will have no option other than to pursue enforcement by the Mined Land Reclamation Board. If the Mined Land Reclamation Board were to find the permince(s) in violation of any or all of the issues listed above the fine would range from $100 to $1000 per violation, per day, for every day the violation exists. Page 2 of 4