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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />August 11, 2009 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Greg Westhoff Harris D. Sherman <br />Executive Director <br />Morgan Sand & Gravel Ronald W. Cattany <br />21215 Hwy 52 Division Director <br />Fort Morgan, CO 80701 Natural Resource Trustee <br />RE: Reason to Believe a Violation Exists at the Westhoff Pit; DRMS File No. M-1977-094 <br />Dear Mr. Westhoff, <br />On July 23, 2009 the Division of Reclamation, Mining and Safety conducted an inspection of the <br />Westhoff Pit located approximately 9 miles north of Fort Morgan, Colorado and found the <br />following: <br />Sediment was being eroded and transported outside of the affected area through gullies and the <br />main drainage channel. <br />Based on the findings of the inspection we believe that this is a violation of: <br />• C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from <br />slides or damage occurring during the mining operation and reclamation. <br />OR <br />• C.R.S. 34-32.5-116(4)0) for failure to protect and stabilize all surface areas of the <br />affected land, including spoil piles, so as to effectively control erosion. <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M-1977-094 <br />and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the October 7th and 8th, 2009 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. on October 7th or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />Office of <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines