2012-04-27_INSPECTION - M2004009

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PERMIT #: M- 2004 -009 INSPECTOR'S INITIALS: ECS INSPECTION DATE: April 17, 2012 amendment fee, to update and clarify the proposed post - mining land use, and mining and reclamation plans to reflect existing and proposed activities by the corrective action date. CORRECTIVE ACTION DUE DATE: 5/31/12 INSPECTION TOPIC: Reclamation Success PROBLEM/POSSIBLE VIOLATION: Possible Violation: Failure to follow approved reclamation plan, or current reclamation plan needs to be updated and clarified pursuant to C.R.S. 34- 32.5 -116 (1). The operator must follow approved reclamation plan or provide sufficient information to describe or identify how the operator intends to conduct reclamation. CORRECTIVE ACTIONS: The operator shall submit a Permit Amendment, with the required $2,229 revision fee, to modify the post mining land use and update and clarify the current approved reclamation plan to reflect existing and proposed activities by the corrective action date. CORRECTIVE ACTION DUE DATE: 5/31/12 INSPECTION TOPIC: Failure to Salvage Topsoil PROBLEM/POSSIBLE VIOLATION: Possible Violation: During the inspection, it was discovered that topsoil was not salvaged prior to the placement of the 400,000 cubic yards of excavated shale. This is a possible violation related to C.R.S. 34- 32.5- 116(4)(g) for failure to salvage and preserve topsoil as required by the Act. CORRECTIVE ACTIONS: The operator shall identify in the required permit amendment how sufficient topsoil will be obtained and preserved in order to reclaim the site in accordance with the approved reclamation plan by the corrective action date. Additional financial warranty may be required for the importation of off -site topsoil. CORRECTIVE ACTION DUE DATE: 5/31/12 INSPECTION TOPIC: Financial Warranty PROBLEM/POSSIBLE VIOLATION: Problem: Due to the stockpiling of the approximately 400,000 cubic yards of unauthorized shale on site, the financial warranty is not adequate to reclaim the site in accordance with the approved reclamation plan. This is a failure to maintain the proper financial warranty amount to complete reclamation of the affected lands pursuant to C.R.S. 34- 32.5- 117(4)(b) of the Act. CORRECTIVE ACTIONS: The operator shall submit adequate financial warranty, as determined by the Division during the required Permit Amendment process, as required by the rule. OBSERVATIONS On April 17, 2012 the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the Turnpike Mining Resource site. The inspection was a result of a citizen complaint of excessive windblown dust received by DRMS on April 2, 2012. During the inspection Eric Scott, Tony Waldron and Tom Kaldenbach of DRMS met with operator representative Gary Stillmunkes and observed the following: Approximately 400,000 cubic yards of shale have been excavated and stockpiled on -site contrary to the approved mining and reclamation plan. These unapproved stockpiles have not been stabilized in any way against erosion. No topsoil appeared to have been salvaged prior to placing the stockpiles of shale on -site. In fact, several large cottonwood trees have been surrounded by these shale stockpiles. Several structures associated with a new municipal water treatment plant have been constructed on site. These structures are not part of the currently approved reclamation plan. Page 2 of 4