2013-01-22_ENFORCEMENT - C1981033

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with a section of permanent site access road). The SL4 Findings also documented the existence of two unreclaimed ponds: the "sediment pond" and the "hillside spring water treatment pond ". As the CDPS permit has been terminated, these ponds are no longer needed for water treatment; therefore, it appears that leaving these ponds unreclaimed is not creating an actual impact to the quality of the water in the North Fork of the Gunnison River. DRMS inspection reports document that a portion of the disturbed area known as the "former facilities area" has not been properly revegetated. DRMS inspection reports further report the presence of several species of noxious weeds throughout the mine site, including tamarisk, white top, and thistle. Cheatgrass and kochia were specifically noted in a DRMS inspection report as present at the "former facilities area ". Several structures at the site have been approved to remain permanent: a pre- existing bridge over the North Fork of the Gunnison River; a section of access road situated immediately east of the bridge; and a flood control berm. Because the approved post- mining land uses at this site include "limited residential use ", it would appear that these structures support this post - mining land use and that the public (landowners) would benefit from the presence and use of these permanent structures. A DRMS inspection report (inspection of 6/29/12) documents that before the permit expired, the permittee was asked to make certain repairs to the bridge. This apparently was not done, as subsequent DRMS inspection reports document the presence of holes where the bridge meets the road, indicating that the bridge has fallen into such a level of disrepair that the safety of the public (landowners) may now be at risk. It appears, therefore, that very little direct actual damage upon the public in terms of duration and extent has occurred as a result of this violation. Nevertheless, some amount of potential damage to the public may exist, due to the bridge spanning the North Fork of the Gunnison not being repaired before the DMRS permit expired as requested by DRMS. Further, some amount of potential damage to the environment seems to exist from the approximately 0.94 - acre area that was considered so unstable by the permittee that it was not included in a Phase I bond release application (SL4). The duration and extent of the damage to the environment that might be caused by failure of this area is uncertain, however. Some amount of potential damage to the environment seems to exist from the presence of an underground thermal event located within the permit area. Evidence of the existence of this thermal event was documented by a DRMS inspector as recently as March 2012, though the same inspector documented in May 2012 that evidence of the thermal event no longer seemed to exist. The duration and extent of the damage to the environment that might be cause by this thermal event is also uncertain. Some damage to the environment, both actual and potential, exists due to the presence of noxious weeds. Noxious weeds interfere with the achievement of the approved reclamation plan. Noxious weeds also have the potential for off -site impacts. The extent of this weed infestation appears to be site -wide (9.8 acres as reported in the 2010 Annual Reclamation Report). Approximately 1.06 acres is associated with the two unreclaimed sediment ponds. Failure by the permittee to have reclaimed these ponds as required creates some amount of potential impact to the public and environment in the event of the ponds filling with water and failing. The extent and duration of this potential impact, however, is uncertain. The Seriousness component of this assessment is therefore proposed to be set at $1500.