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(Page 2) • MINE ID # OR PROSPECTING ID # M-96-049 INSPECTION DATE 09/27/00 INSPECTOR'S INITIALS ESC This was an inspection of the Maryland Creek Ranch Sand and Gravel Site located in Summit County, Colorado. The inspection was conducted by Erica Crosby of the Division in response to a citizen complaint letter from Sarah Fowler of the Environmental Protection Agency (" EPA" ). The Division received the letter by e-mail on August 31, 2000 and conducted an inspection of the site on September 27, 2000. The site is located approximately 4~ miles northwest of Silverthorne on State Highway 9. The citizen complaint letter states that on August 22, 2000 L.G. Everist was observed washing concrete trucks and disposing wet concrete waste into the gravel pit/lake just north of the building site. Photographs of the disposal activity were included with the letter. A major amount of fill material containing dirt, asphalt, and concrete rubble was brought onto the site and disposed of into the lake. The EPA is concerned that pollutants are being introduced into the waterbody without the appropriate permits. The Division met with Lynn Mayer, Greg Norwick and Dennis Staebell of L.G. Everist, Inc. at the Maryland Creek Ranch Office. The operator explained the process and procedures for inert material disposed of at the Maryland Creek Ranch. The source of the inert material is from a number of building or construction sites within the surrounding area. The material is generally excess backfill and overburden material that has no beneficial use. Prior to disposal of the material on site, the County Engineer verifies that the material is inert. A letter is then sent from the County Engineer to L.G. Everist stating this fact. When the material is dumped, it is also visually inspected to ensure that the material is clean fill dirt. If non-inert material is observed, L.G. Everist requires the trucker to remove the material and may not be allowed to haul in other material from the given site. In regards to the disposal of concrete, L.G. Everist stated that remaining concrete not used from a particular site is disposed of in the pits once the material has cured. On the August 22, 2000 EPA inspection, this procedure was not followed. The material was inadvertently pushed into the pit while wet and unhardened. The photographs taken by EPA confirm this activity. L.G. Everist provided the Division with a copy of the Summit County Community Development Division letter which gives County approval for the disposal of "inert material" at the site. In addition, on May 20, 1999 L.G. Everist informed the Division of their intent to use inert fill to backfill the pits in Cells #1 and #2. The letter of intent states that it is anticipated that approximately 25,000 tons of inert material will be used to form shorelines in accordance with the County's requirements for undulations. L.G. Everist provided documentation certifying the material is clean and inert and an engineering plan stating how the material will be placed and stabilized. Inert materials are defined in regulation, Code of Colorado Regulations (CCR) 6-1007-2, as ` ...non-water-soluble and nonputrescible solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to the rules and regulations of the board. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other inert solids including those the board of health may identify by regulation." In addition, biodegradable materials such as wood and wood products is not considered an inert material.