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OBSERVATIONS <br />PERMIT #: PF.Id <br />INSPECTOR'S INITIALS: RCO <br />INSPECTION DATE: June 23, 2011 <br />This inspection was performed by the Division in response to receiving a written complaint of possible illegal <br />mining. The complaint letter was not signed. A phone call to this office, that was presumably from the <br />complainant, preceded the written complaint. In that conversation a party was named who was allegedly <br />operating at the site. The Division contacted that party, and it was determined that he had in fact been <br />operating there. A time was arranged to meet at the site for the inspection. Mr. Cooley, the operator, was <br />present during the inspection. (The land is owned by Trevan Pepper, but he was not contacted by this <br />inspector and he was not present during the inspection.) <br />The site is in a dry field corner, outside the irrigated farm field served by a circle pivot sprinkler. It is adjacent <br />to an irrigation ditch on the west, and accessible immediately off a county road (Rd 11N) to the north. The <br />entire disturbance on the site is about 1.0 acre, which includes a level staging area, a small pit on the south <br />end, and an area where "potato rock" has been piled for many years on the east end. The site is delineated by <br />a low earthen berm whose purpose was to impound irrigation recharge water. There was no recharge water <br />on the site at the time of the inspection. Unaffected portions of the site exhibited a somewhat clayey soil <br />surface, which does not allow much percolation of recharge water. The soil had been stripped from the <br />surface, but only where the pit had been excavated; there was no soil stockpiled onsite. <br />Evidence of mining - related activities which were observed on the site includes: (1) excavation of a shallow pit, <br />about 100 ft x 120 ft, (2) stockpiles of crushed gravel material from the pit, about 150 cubic yards total, and (3) <br />recent removal and possible crushing of old potato rock. Equipment observed onsite at the time of the <br />inspection included Cat D5 dozer, Cat 928 loader, and a CrushTek crusher with stacker /conveyor. These items <br />are owned by the operator. <br />There was no other equipment, parts or debris onsite. No fuel or other fluids were stored onsite. There was <br />no contamination and no noxious weeds. <br />This inspector and the operator discussed several applicable portions of the Construction Materials Rules and <br />Regulations, the complaint and inspection process, the need for permits, and various enforcement scenarios. <br />The operator is not a permittee of any other site, and stated that he was not familiar with DRMS regulations or <br />aware of the requirement to obtain a reclamation permit. He also stated that the removal of potato rock from <br />field corners and the digging of recharge pits were common practices, and he was not aware that either of <br />these activities might be regulated. This inspector informed the operator that certain operations might be <br />granted exemptions from permits but that if the Division receives a complaint about an existing activity it is <br />first investigated as a possible illegal operation. The Division appreciates that the operator stated he wanted <br />to be fully compliant. <br />Inspection Topic: General Compliance With Mine Plan <br />There is no mine plan on file, and there is no permit issued for this site. As this is considered a possible <br />violation, the matter will be heard by the Board. See the box on page 1 of this report. <br />Page 2 of 4 <br />