2012-11-05_INSPECTION - M1978078SG

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OBSERVATIONS PERMIT #: M -1978- 078 -SG INSPECTOR'S INITIALS: MAC INSPECTION DATE: October 18, 2012 The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division). John DeWitt (Lincoln County Land Use Administrator) and David Seymour (Road & Bridge Foreman) were also present for the inspection. The George Ansley Pit is located 16 miles east and 6 miles south of Karval, Colorado. The site is permitted for 9.5 acres and the post- mining land use is general agriculture. On September 24, 2012, the Division received a 112 Construction Materials Reclamation Permit application; the current decision date is December 24, 2012. This pre- operation inspection was conducted as part of the Division's regular monitoring program. The Operator had posted notice of the proposed mining operation at the site entrance as required by Rule 1.6.2(1)(b). The Operator is seeking to convert the existing 110 Construction Materials Reclamation permit to a 112 Construction Materials Reclamation permit by adding 10.38 acres, for a total of 19.77 permit acres. The additional acreage will be added to the south end of the permit area. The purpose of the inspection was to field verify the proposed permit boundary and check for the presence of permanent man -made structures within 200 feet of the proposed permit boundary. The site was not being mined at the time of the inspection. The George Ansley Pit is operated on an as needed basis and is typically operated less than 180 days per year. The Division is reviewing the current policy to allow sites permitted by Counties to be operated intermittently. Sites which operate Tess than 180 days per year may do so only for reasons related to market conditions. A site is considered to be active if the Operator is removing product from stockpiles; weed control and normal site maintenance activities do not count towards an active status; this issue will be addressed in the Division's Adequacy Review of the Conversion Application. The commodity mined is sand and gravel which is used in the maintenance and construction of county roads. Generally, the Mining Plan and the Reclamation Plan will not be changed from what is currently approved. The Operator will continue to mine the pit to an approximate depth of 15 feet; mining will progress towards the south. Topsoil will be salvaged and stockpiled around the perimeter of the pit, as it has been in the past. The Operator has an approved Weed Control Plan and conducts bi- annual site visits to inspect for and to treat noxious weeds. Noxious weeds which are common to the area appear to be under control at the site. The Mining Plan Map depicts a telephone line within 200 feet of the proposed permit boundary. During the site visit Mr. DeWitt indicated that the utility line may still be in use. If it is not abandoned, then the Operator may have to obtain a damage waiver agreement with the owner of the utility; this issue will be resolved through the Division's Adequacy Review. In addition, there appears to be a radio tower guy wire within 200 feet of the proposed permit boundary. All other structures within 200 feet of the proposed permit boundary belong to the landowner. The Operator has provided the Division with a copy of the lease agreement, which specifies that the Operator will compensate the landowner for any damage to their structures that are the result of mining or reclamation activities. No observations were made which would prevent the approval of the 112c Conversion application. This concluded the inspection. Page 2 of 3