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/~- ~~ <br />BEFORE THE MINED LAND RECLAMATION BOARD ~ ', ~ ~ ~l <br />State of Colorado ~ ~ -n ~~ ,,, A~ <br />Y FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF MORGAN SAND AND GRAVEL, INC., PERMIT NO. M~ <br />1977-094 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") <br />on February 13, 2008, in Denver Colorado for a hearing to consider a possible notice <br />of violation, cease and desist order, corrective action and civil penalties for mining <br />without a permit pursuant to § 34-32.5-109, C.R.S., or failure to protect areas outside <br />the affected land from damage occurring during the mining operation, pursuant to <br />§ 34-32.5-116(4)(1), C.R.S. The file number is M-1977-094. Erica Crosby appeared <br />on behalf of the Division of Reclamation, Mining and Safety ("Division"). Gregg <br />Westhoff is the owner of Morgan Sand and Gravel, Inc., ("Operator") and appeared <br />on behalf of the Operator. <br />The Board, having considered the Division and the Operator's presentations <br />and having been otherwise fully informed of the facts in this matter, hereby enters the <br />following findings of fact, conclusions of law and order. <br />1. The Division approved the Operator's application for a Section 112c <br />reclamation permit fora 30 acre site in 1979. The site is located in Section 34, <br />Township 5 North, Range 58 West, 6`'' P.M. in Morgan County, Colorado. The site is <br />referred to as the Westhoff Pit. <br />2. On November 14, 2007, a complaint was submitted to the Division <br />concerning the Westhoff Pit by the Longacre family. The Longacre family hired a <br />surveyor to put in markers on the Longacre property. There is a blue dot, which is a <br />fence post, on the slide showing the permitted area presented to the Board and that is <br />what the Operator believed was the permit boundary. There are no other boundary <br />markers except for the blue dot. The area of disturbance outside of the permitted <br />area is approximately four acres. The permitted area is 30 acres. <br />3. Ms. Crosby inspected the site at issue on December 6, 2007. Ms. <br />Crosby testified that the Longacre family has filed complaints in the past, but it <br />wasn't until the Longacre family hired a surveyor to put in six posts on the Longacre <br />property that it was discovered an area outside of the permitted area had been mined <br />by the Operator. <br />Morgan Sand and Gravel, Inc. <br />M-1977-094 <br />