Laserfiche WebLink
INSPECTION TOPIC: Signs & Markers <br />PROBLEM /POSSIBLE VIOLATION: Problem: The affected area boundary markers are missing or incorrectly <br />placed. This is a problem for failure to maintain boundary markers around the affected area as required by Rule <br />3.1.12(2)(a) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials (Rules). The Rules may be accessed at the Division's web site at <br />www.mining.state.co.us. <br />CORRECTIVE ACTIONS: The operator shall conduct a survey and replace the boundary markers in the correct <br />location(s). The operator shall provide proof to the Division that this has been done, and submit appropriate <br />map indentifying the permit boundary, by the corrective action date. <br />CORRECTIVE ACTION DUE DATE: April 13, 2012 <br />OBSERVATIONS <br />PERMIT #: M- 1980 -233 <br />INSPECTOR'S INITIALS: WHE <br />INSPECTION DATE: February 2, 2012 <br />This inspection occurred as part of the Division's routine monitoring program for permitted operations. The <br />inspection was previously scheduled with the Costilla County Land Use Administrator, Mr. Mathew Valdez. <br />However, on the inspection day Mr. Valdez could not participate due to other work related obligations. This <br />report is accompanied by 4 photographs. <br />The 5 -acre permit area is located within an area of disturbance resulting from activities associated with a <br />previous landfill and an active transfer station. The area of disturbance was visually estimated as greater than <br />10 acres and is bordered by an irrigation ditch along the east, County Road GG along the south, and the <br />transfer station on the west. The landfill and the gravel pit have been backfilled and graded to blend with the <br />surrounding topography. Vegetative cover for the disturbed area ranged from well established for the eastern <br />portion to sparse and weedy through the middle and western portions. Given the absence of a clear <br />delineation of the 5 -acre permit boundary the Division could not separate the permitted affected lands from <br />the other disturbances. <br />The confusion regarding the location of the permit boundary is pervasive throughout permit documents. <br />According to Exhibit A of the application (legal description) the permit area is located in portions of the SE 'A of <br />the SW % of the SE % of Section 21, T 30 S, R 72 W, 6 PM, and more specifically a rectangular 5 -acre area <br />approximately 330 feet (east to west) by 660 feet (south to north). The legal description identifies a general <br />10 -acre area within which the 5 -acre permit area is located. Unfortunately, Exhibit C of the application (map) <br />erroneously locates the operation approximately 660 feet further to the west, in portions of the SE 1/4 of the SE <br />of the SW % of Section 21. The location indicated on Exhibit C corresponds with a different gravel operation, <br />the Southway Pit, M- 1981 -153. Additionally, the maps submitted by the Operator with the annual reports <br />delineate an approximate 12 -acre area which includes the total area of the landfill and current transfer <br />station. None of the maps in the permit records accurately delineates the appropriate 5 -acre permit <br />boundary. <br />The Division has noted a Problem for the absent permit boundary markers. The Division requires corrective <br />action from the Operator, to include the posting of permit boundary markers and submitting proof of <br />placement of the markers, as well as a map identifying the appropriate permit boundary, within 60 days, due <br />April 13, 2012. <br />Page 2 of 3 <br />