2008-01-04_ENFORCEMENT - M1977094

• Permit No: M1977094
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 1/4/2008
• Doc Name: Notice of Possible Violation; Mining Outside of Permit Area.
• From: DRMS
• To: Morgan Sand & Gravel, Inc.
• Media Type: D
• Archive: No

STATE OF COLORADO
~ DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Vlanuary 4, 2008
G eg Westhoff
Morgan Sand & Gravel, Inc.
21215 Hwy No 51
Fort Morgan, CO 80701
EJ G-
RE: Westhoff Pit; Permit No. M-1977-094
/IVotice of Possible Violation; Mining Outside of Permit Area
Deaz Mr. Westhoff,
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On December 6, 2007 the Division of Reclamation, Mining and Safety conducted a citizen complaint
inspection of the Westhoff Pit, Permit No. M-1977-094 and found the following:
The permit area approved by the Division in 1979 lies within the S W '/< of the NE '/< of Section 34,
Township SN, Range 58W. A portion of the mining activity falls outside of the approved permit
boundary. The disturbed area was surveyed with a Trimble GeoXT Global Positioning System (GPS) to
determine the extent of the disturbance. Based on the data collected, approximately 4.0 acres has been
mined outside of the approved permit area.
Based on the data collected, the Division believes the operator is in possible violation of the Colorado
Land Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically:
C.R.S. 34-32.5-116(4)(1) for failure to protect azeas outside of the affected land from slides or
damage during the mining and reclamation operations, OR
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
mining operation.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the February 13-14, 2008 Board meeting for consideration
of the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 9:00 a.m. on February 13°1 or beginning at 9:00 a.m. on February 14`", or as soon
thereafter on each of those days or as soon thereafter as the matter can be considered. At that hearing you
will have the opportunity to be represented and heazd. It will be reiterated that there is reason to believe
that you aze in violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty
in the amount of $100.00 to $1000.00 (for affecting the area outside the permit azea) OR $1000.00 to
$5000.00 (for operating without a permit) for each day of violation. If you have evidence indicating that
the possible violations noted above do not exist or have been corrected, please provide it to us as soon as
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