2009-08-12_INSPECTION - M1977094

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(Page 2) MINE ID # OR PROSPECTING ID #: M-19ZZ-094 INSPECTION DATE: Z/9.-4109 INSPECTOR=S INITIALS: MAC OBSERVATIONS The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division). Greg Westhoff of Morgan Sand & Gravel was present for part of the inspection; John Longacre of Longacre Ranch and Bill Bond of Harner Environmental were also present during the inspection. The Westhoff Pit is located approximately 9 miles north of Fort Morgan, Colorado. The site is permitted for 40 acres. The purpose of this inspection was to investigate a citizen complaint that was filed with the Division on July 20, 2009 by Schilken & Krautt, P.C. on behalf of the Longacre family. The Longacre's own the property surrounding the Westhoff Pit. The letter states that Morgan Sand & Gravel is engaged in unlawful waste storage and disposal. In addition, the letter states that erosion is transporting sediment from the Westhoff Pit onto the Longacre's property. The Westhoff's own a 40 acre parcel of land that lies immediately to the west of the Westhoff Pit. At present, this property is being used to store stockpiles of concrete and asphalt debris. Morgan County has issued the Westhoff s a Special Use Permit which allows the material to be stored and recycled on the property. The Division has the jurisdiction to regulate only mining related disturbance as defined in Rule 1.1(3) of the Construction Materials Rules and Regulations. There is mining related disturbance on this parcel of land; however, the Mined Land Reclamation Board ruled on March 12, 2008 that this disturbance took place prior to the issuance of reclamation permits. Therefore, the disturbance is not subject to the requirements of the Construction Materials Rules and Regulations. Since the concrete and asphalt debris lies outside of the mining permit boundary, the Division does not have the authority or duty to enforce other local, state or federal agency permits. Concrete debris was noted within the Westhoff Pit along the west permit boundary. According to Mr. Westhoff, this material is being stored for recycling. The Operator shall file a Technical Revision with the Division to account for the storage of construction debris. Please see Page 4 of this report for the required corrective actions. Erosion was noted within the permit area, near the southern permit boundary. Several gullies have formed along a hill side that has a southeasterly aspect. The gullies range between lft. to 3ft. in depth and drain onto the Longacre's property. The erosion has exposed debris that appears to have been buried into the hillside. The debris consisted of pieces of tin, bricks, wooden posts, and metal pipes. Rule 3.1.5(9) states that if an Operator intends to backfill inert structural fill generated outside of the approved permit area, it is the Operator's responsibility to provide the Division notice of any proposed backfill activity not identified in the approved Reclamation Plan. The Construction Materials Rules and Regulations define "inert material" as: non-water- soluble and non putrescible solids together with such minor amounts and types of other materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. 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. Please see Page 4 of this report for the required corrective action. The Operator had constructed an earth dam within the main drainage channel which flows onto the Longacre's property. The dam was constructed in order to control erosion. According to Mr. Westhoff, the dam failed at the beginning of July 2009, following heavy rains. As a result, a large amount of sediment was carried down the drainage channel onto the Longacre's property. Rule 3.1.6(3) states that all surface areas of affected land shall