2012-11-14_INSPECTION - M1989056

Home Browse Search

PERMIT #: M -1989 -056 INSPECTOR'S INITIALS: MAC INSPECTION DATE: September 27, 2012 of the approved Reclamation Plan. This is a problem for failure to follow the approved reclamation plan pursuant to C.R.S. 34- 32.5 -116 (1). CORRECTIVE ACTIONS: The Operator shall cease lining the pit with shale until the post- mining land use has been changed through an Amendment. If the Operator wishes to incorporate the lining of the pit into the Reclamation Plan for purposes other than creating a water storage reservoir, then the Reclamation Plan may be revised through a Technical Revision. In addition, the Operator shall provide the Division with a written report detailing the extent of the pit lining and shall provide a commitment to either cease lining the pit or a commitment to submit an Amendment or a Technical Revision. The Operator shall comply with the corrective action by the corrective action date. CORRECTIVE ACTION DUE DATE: 1/01/13 OBSERVATIONS The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division). Dan Kehn of Don Kehn Construction, Inc. was also present for the inspection. The Timnath Pit is located two miles south of Timnath, Colorado. The site is permitted for 280 acres and the maximum allowed disturbance is 242 acres. The post- mining land use is recreation. This inspection was conducted as part of the Division's regular monitoring program. The site, which is divided into five phases, was not being mined at the time of the inspection. The Operator has mined all of Phase 1 and is currently mining in the southern portion of Phase 2. The mined material is transported to the southernmost portion of Phase 2, where it is washed and sorted into stockpiles using portable screens. This area also contains concrete and asphalt stockpiles imported from off -site projects and are recycled and crushed for use during final reclamation. The Operator has provided the Division with an affidavit certifying that the imported material is clean and inert as required by Rule 3.1.5(9). The existing excavation in Phase 2 is approximately 10 feet deep and contained groundwater. This is a dry- mining operation and the groundwater is routed to two separate settling ponds which are located at the boundary between Phase 1a and Phase 2. The ponds discharge water into the wetlands which have been established in Phase 1; the wetlands discharge to the Cache La Poudre River. The Operator is in the process of lining the pit walls with shale. According to the Operator, the pit is being lined so that the Operator has the option of turning a part of the reclaimed site into a water storage reservoir. The approved post- mining land use for the site is recreation and a review of the permit file has found that the Division does not have any details regarding the lining of the pit. Lining the pit for the purpose of creating a water storage reservoir would constitute a change in the post- mining land use. Pursuant to Rule 1.1(6), any change in the permit which has a significant effect on the approved Reclamation Plan would require an amendment. In addition, the Division's has concerns that lining Phase 2, which is partially up gradient of Phase 1, could have a detrimental impact on the wetlands. This 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. Hydrologic Balance: As noted earlier in the report, there is exposed groundwater in the area where mining is occurring, as well as in the reclaimed wetlands in Phase 1a -1c. The Division does not have a record of a valid well permit or a temporary substitute water supply plan (SWSP). The last SWSP the Division had on file expired on April 30, 2009. In addition, the Operator did not respond to the Division's 'Mining Operations with Exposed Groundwater' Letter (copy enclosed) which was mailed on April 30, 2010. The letter outlined the changes to Page 2 of 5