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(Page 2) <br />MINE ID # OR PROSPECTING ID # M- 1977-094 <br />INSPECTION DATE 9/02-04 INSPECTOR'S INITIALS GRS <br />This was an inspection of the Westhoff Pit conducted by Gregg Squire of the Division of <br />Minerals and Geology. The operator was represented by Gary Westhoff. Weather conditions on <br />site were clear and warm. A permit sign was posted at the entrance to the pit, and boundary <br />markers are in place. <br />The 112c Mining and Reclamation Permit was issued to mine approximately 40 acres. The <br />operator was recently mining in this pit and is currently removing material from the mined <br />material which was stockpiled. <br />The inspection was conducted in response to a letter of concern sent to the Division by a <br />land owner who owns property adjacent to the Permit area. The first concern expressed in the <br />letter was that the operator was "using the pit as a landfill for broken cement, old metal, <br />asphalt, tires, burnt ruble from old houses and building." A concern was also expressed <br />about the possibility of the presence of hazardous wastes ,including asbestos, on the site. <br />While at the site the permit boundaries were located. The Westhoffs own an eighty acre block <br />in the north central portion of Section 34, TSN, R58W, but only permitted the east 40 acres <br />for the gravel mine. After locating the boundaries, it was determined that the disposed of <br />materials were located on the west 40 acres, outside of the permit area and therefore not <br />within the jurisdiction of the Division. In response to the citizen's question, an operator <br />may dispose of inert materials as part of fill material in a pit if they submit a Notice of <br />Proposed Backfill Activity as described in Rule 3.1.5 (9) of the Construction Materials Rules <br />and regulations. As previously noted, since no backfill activity was noted within the <br />permitted area, the Division has no authority concerning hazardous waste disposal outside the <br />area. However, the operator did show the inspector the materials in question which were <br />outside the permit boundary. The were several hundred cubic yards of old concrete and aged <br />asphalt: stockpiled on the site. The operator indicated that he was hoping to recycle this <br />material. He had also separated out some rebar and other steel which he planned to sell to a <br />salvage yard. Some rebar and plastic piping was noted in the concrete piles, but nothing was <br />noted which might indicate the presence of asbestos or other hazardous wastes. The division <br />is not aware of the specific rules regarding dumping but the citizen expressing a concern may <br />wish to contact the County zoning officials and the State of Colorado Health Department. <br />Based on the fence lines and T-bar fence post which the operator has based his permit <br />boundaries on, it does not appear that the operation is outside the permit area. The <br />Division does not have any control over how a property owner uses their land surface outside <br />a permit area, but if the motor bike usage affects the vegetation on a reclaimed area it <br />might have an affect on the release of the permit bond. <br />I & 8 Contact Addrase <br />NAME Gary Weatho££ <br />OPERATOR Morgan Sand & Gravel <br />STREET P.O. Sox 1443 <br />CITY/STATE/ZIP Fort Morgan, CO. 80701 <br />