2007-12-20_INSPECTION - M1977094

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(Page 2) MINE ID # OR PROSPECTING ID # M-1977-094 INSPECTION DATE 12/06/07 INSPECTOR'S INITIALS ESC OB3BRVATION3 This was an inspection of the Westhoff Pit conducted by Erica Crosby of the Colorado Division of Reclamation, Mining and Safety. Greg Westhoff of Morgan Sand and Gravel was present during the inspection. The purpose of the inspection was to investigate a citizen complaint that was filed with the DBMS on November 17, 2007 by Opperman & Schell, P.C. on behalf of the Longacre family. The Longacre family is the adjacent property owners immediately north of the Westhoff Pit. The letter has a number of complaints that are highlighted below followed by the Division's observations at the site. 1 Failure of the mine operator to keep waste materials, rubbish and debris on their own property. Division Response: Mining related material was noted within the Westhoff Permit area and Pre-law disturbed area. With exception to the mining related activity noted outside of the permit area (see below), the Division did not observe any other waste, rubbish or debris outside of the property. In addition, the Division has the jurisdiction to regulate only mining related disturbance as defined by Rule 1.1(3). Since the concrete piles are noted outside of the permit area (pre-law site) and are not related to the mining operation, the previous requirement noted in the Division's inspection report of 9/24/07 to describe the activity is no longer warranted. 2 The operator allowing and in fact appearing to construct a four wheel drive or motocross track on the property not in conformity with the mining permit. Division Response: The Division has the jurisdiction to regulate only mining related disturbance as defined by Rule 1.1(3). Construction of a motocross track is not within the jurisdiction of the Division or the Mined Land Reclamation Board. The Division does not have any control over how a property owner uses their land surface outside a permit area, but if the motor bike usage affects the vegetation on a reclaimed area it might have an affect on the release of the financial warranty. 3 The operator failing to monument and kee monuments or markers at the boundaries of the permit area. Division Response: Newly constructed monuments were noted during the inspection. The markers were installed by the Longacre Family at their expense. Mr. Westhoff did not dispute the location of the markers indicating the property line and the approved permit area. The Division surveyed in the location of the markers to determine the permit boundary in relation to the affected mining boundaries. The markers appear to accurately represent the permit area (40 acres). The adjacent 40 acres to the west is noted as pre-law disturbance (mining that took place by the County and Dorn Redi Mix prior to the 1977 requirement to obtain a mining and reclamation permit). Since markers have been installed (regardless of who installed them), the problem has been corrected. The Division does not have the ability to require compensation for any professional surveys conducted by third parties or legal fees. This matter will need to be addressed outside of the jurisdiction of the Division. 4. Mining outside of the permitted area. Division Response: The Division traversed the site using a Trimble GeoExplorer (GeoXT) Global Positioning System Unit (GPS) to determine the size of the disturbance in relation to the newly erected property monuments. The Division collected data locations for all 6 monuments, one marker that was the assumed property line, the area currently affected by mining and disturbed areas noted within the pre-law area (concrete storage area and ball field material stockpile). Based on the post-processing of the data, the disturbed area is approximately 30 acres in size, the concrete storage area is 1 acre in size and the ball field stockpile is 0.3 acres in size. However, 4 acres of mining related disturbance is