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OBSERVATIONS <br />PERMIT #: M- 1994 -103 <br />INSPECTOR'S INITIALS: WHE <br />INSPECTION DATE: February 2, 2012 <br />INSPECTION TOPIC: Backfilling & Grading <br />PROBLEM /POSSIBLE VIOLATION: Problem: Concentrated drainage from upland areas has eroded reclaimed <br />slopes within the permit boundary. The gully erosion has destabilized portions of the north reclaimed slope and <br />has potential to head -cut beyond the permit area and ultimately under -cut the culvert outlet for State Highway <br />160. <br />CORRECTIVE ACTIONS: Within 60 days, by April 6, 2012, submit plans through the Technical Revision or <br />Amendment process addressing the concentrated drainage from upland areas, stabilization of reclaimed lands, <br />and protection of off -site areas. <br />CORRECTIVE ACTION DUE DATE: April 6, 2012 <br />This inspection occurred as part of the Division's routine monitoring of permitted operations. The inspection <br />was previously scheduled with the Costilla County Land Use Administrator, Mr. Mathew Valdez. However, on <br />the inspection day Mr. Valdez could not participate due to other work related obligations. This report is <br />accompanied by one photo. <br />Public access to the permit area was controlled by locked gate. The 9.9 acre permit area is bordered on the <br />north by State Highway 160, on the south by a railroad line, on the west by historic borrow areas, and on the <br />east by an irrigation ditch. The irrigation ditch appeared dormant; no flowing water was observed within the <br />ditch. No water was observed on the pit floor and no evidence of seepage through the east pit slope was <br />observed. Access ramp to the pit floor appeared intact. Stockpile of processed material was present on the <br />pit floor. Pit walls had been graded to final configuration and appeared stable with the exception of portions <br />of the north pit slope, which showed evidence of active erosion. <br />As shown in the enclosed photo, a significant gully has formed in the north pit slope, due to concentrated <br />drainage from upland areas. The gully through the reclaimed slope, and resulting sediment deposition on the <br />pit floor, appeared to be associated with a culvert outlet for State Highway 160. The erosion appeared active <br />and has the potential to head -cut beyond the permit boundary and under -cut the culvert outlet. <br />Pursuant to Rule 3.1.5(3), the Operator is obligated to conduct grading in a manner which controls erosion of <br />the affected lands and protects off -site areas from damage. The approved reclamation plan does not appear <br />to address stabilization of the reclaimed lands from concentrated drainage and must be revised accordingly. <br />Therefore, the Division has noted this issue as a Problem for which corrective action is required from the <br />Operator. Within 60 days, by April 6, 2012, the Operator must submit plans through the Technical Revision or <br />Amendment process addressing concentrated drainage from upland areas, stabilization of reclaimed lands, <br />and protection of off -site areas. Failure to do so in a timely manner, by April 6, 2012, may cause the Division <br />to find reason to believe a violation exists and schedule the issue for consideration by the Mined Land <br />Reclamation Board. <br />Inspection Contact Address <br />Mathew Valdez Enclosure: 1 photograph taken during the inspection <br />Costilla County ec w /enclosure: Steve Shuey, DRMS GJFO <br />P.O. Box 130 Attachment: Certificate of Service <br />San Luis, CO 81152 <br />Page 2 of 3 <br />