2011-09-06_INSPECTION - M1994121

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OBSERVATIONS PERMIT #: M -1994 -121 INSPECTOR'S INITIALS: MAC INSPECTION DATE: August 12, 2011 The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division). Arturo Vasquez of 0 & A Stone LLC was also present for the inspection. The Vasquez Quarry No. 2 is located 3.5 miles north of Lyons, Colorado. The site is permitted for 7.4 acres and the post- mining land use is industrial /commercial. The Division conducted this inspection in response to a citizen complaint which was received by the Division on June 29, 2011. The complainant alleged that backfill material had been pushed from the permitted mine site onto the complainant's property, which is adjacent to the Vasquez No. 2 Quarry. The complainant's letter also stated the backfill material may be impeding the natural flow of stormwater runoff. Gen. Compliance With Mine Plan: The Mining Plan states overburden will be placed on the west and east sections of the permit boundary. However, the Mining Plan does not specify that the overburden material would be placed within the natural drainage area which bisects the site; nor does it address how this area will be reclaimed. In addition, the Mining Plan calls for creating a highwall which is to remain upon the completion of reclamation. Mr. Vasquez has informed the Division that his intention is to backfill the highwall with the overburden stockpiled in the valley on the west side of the permit area. The Division encourages the elimination of highwalls whenever possible and feels that Mr. Vasquez's plans for mining and reclaiming the site will lead to a more stable post - mining land use. However, the Mining Plan, Reclamation Plan and associated maps will need to be revised to reflect these changes. The change in the Mining and Reclamation Plans has been cited as a problem and will require corrective action by the Operator; please see the first page of this report for additional information. Signs and Markers: The complainant's property is located immediately to the west of Mr. Vasquez's property. The Vasquez Quarry No. 2 is situated in the southwest corner of Mr. Vasquez's property. The Operator has placed overburden /waste rock in the valley located in the southwest corner of the property boundary. The Division located surveyor's lathe near the southwest corner of the property. However, the Division could not determine with certainty if the lathe delineated the property boundary; no permanent monuments such as surveyor's pins could be located. It is clear that the overburden material is located very near where the property boundary likely lies. The Mining Plan Map does not have any reference points which would allow the Division to field locate the permit boundary. The Division provided the Operator with a copy of a map which depicts the location of the permit boundary in relation to the property boundary. It will be the Operator's responsibility to determine where the property and permit boundaries are located. At the time of the inspection, the permit boundary was not delineated by monuments or markers as required by Rule 3.1.12; this has been cited as a problem and will require corrective action by the Operator. The Division will conduct a follow -up inspection once the corrective action has been complied with in order to verify that all mining related activities have occurred within the permit boundary. Hydrologic Balance: The Division inspected the drainage area which has been partially blocked by the overburden material. Stormwater that flows into the catchment area flows to the east and reports to the Stone Canyon Creek, which then flows to the south towards Lyons, CO where it connects to the St. Vrain Creek. The Stone Canyon Creek and the areas that drain into it are ephemeral in nature and only periodically exhibit surface flows. The Page 2 of 5