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(Page 3) <br />be stabilized and protected so as to effectively control erosion. The Operator shall repair the gullies and the <br />earth dam to ensure that sediment does not leave the permit area. The Operator shall submit the design plans for <br />the dam as part of the Technical Revision. The dam shall be designed to withstand a 10 year, 24 hour storm <br />event. In addition, the design plans shall include emergency overflow spillways. Please see Page 4 of this report <br />for the required corrective actions. <br />It was noted during the inspection that water was detained within the affected area. A shallow basin on the west <br />side of the access road and an excavated area on the east side of the access road both contained stormwater. <br />Hydrophytic vegetation was present around the standing water, indicating that the water had been present for <br />several weeks. If stormwater is intercepted and is not diverted or captured in priority, it must be released to the <br />stream system within 72 hours. This may require a discharge permit from the Colorado Department of Public <br />Health and Environment, Water Quality Control Division. If the stormwater is not discharged, the Operator will <br />need to contact the Office of the State Engineer and make replacements for evaporation losses. Please see page 4 <br />of this report for the required corrective actions. <br />The Operator may comply with the corrective actions in this report by submitting a single Technical Revision. <br />The Technical Revision shall address all of the prescribed corrective actions. In addition, the Operator may <br />include the signed affidavit for the inert material with the Technical Revision. <br />Based on the findings of this inspection, the Division has reason to believe that the Operator is in violation of <br />C.R.S. 34-32.5-116(4)(1) for failure to protect areas outside of the affected land from slides or damage occurring <br />during the mining operation or reclamation. The possible violation will be scheduled for the October 7-8, 2009 <br />Mined Land Reclamation Board Hearing. The Operator may choose to waive their right to a 30 day notice by <br />submitting a statement in writing to the Division, as required by C.R.S. 34-32.5-124(4). If the Operator waives <br />their right to a 30 day notice, the possible violation will be scheduled for the next Mined Land Reclamation <br />Board Hearing. Notice of such hearing will be sent under separate cover. <br />This concluded the inspection. <br />I & E Contact Address <br />NAME: Greg Westhoff <br />OPERATOR: Morgan Sand & Gravel <br />STREET: 91915 HM 59 <br />CITY/STATE/ZIP: Fort Morgan CCU 60701 <br />cc: WQCD (CH) <br />8 State Engineer (SE) <br />8 Tony Waldron, DRMS <br />8 John Longacre, Longacre Ranch <br />8 Patrick Schilken, Schilken & Kautt, PC