2007-12-20_INSPECTION - M1977094

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(Page 3) MINE ID # OR PROSPECTING ID # M-1977-094 INSPECTION DATE 12/06/07 INSPECTOR'S INITIALS ESC outside of the permit area on the north side of the permit area. The GPS unit has a sub- meter level of accuracy. The GPS points were incorporated into a 2005 NAIP aerial image. See attached map for further detail. Section C.R.S. 34-32.5-103(13) of the Colorado Land Reclamation Act for the Extraction of Construction Materials defines a m~tning operation as "the development or extraction of a construction material from its natural occurrence on affected land." C.R.S. 34-32.5-103(1) defines affected land as "the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of an operation." Some examples of mining related disturbances included in definition of affected lands are: roads, land excavations, refuse banks, spoil piles, and evaporation or settling ponds. Based on the above noted disturbance, the GPS data and the Colorado Land Reclamation Act for the Extraction of Construction Materials, there is a reason to believe that a violation may exist for mining 4 acres outside the approved affected area or that the operator is mining without a permit. The possible violation and correction actions are noted as follows; The operator failed to protect areas outside of the affected land from slides or damage during the mining and reclamation operations in accordance with 34-32.5-116(4)(I)of the Colorado Land Reclamation Act for the Extraction of Construction Materials, OR the operator failed to first obtain a reclamation permit prior to engaging in a new operation in accordance with 34-32.5-109(1) of the same Act (MLRB policy states that anything more than 2 acres in size may be considered mining without a permit). Notice of the possible violations will be sent under separate cover. The operator will need to submit a 112c Amendment application to incorporate all affected areas within the permit boundary. See page 4 for additional detail. 5. The operator has trespassed onto the Longacra property and conducted its mining operations thereon. Division Response: See item #4 above. I & $ Contact Address NAME Mr. Greg Westhoff OPERATOR Morgan Sand and Gravel STREET PO Box 1443 CITY/STATE/ZIP Ft Morgan, CO 80701 ~ CE ~ BL ~ FS ~ HW ~ HMWMD (CH) ~ SE ~ WQCD (CH) Cc: Carl Mount; DRMS John Longacre William M. Schell; Opperman & Schell, P.C.