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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M- 1977 -094 <br />INSPECTION DATE: 19/1 i/119 INSPECTOR =S INITIALS: —MA( <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Lee Pinello of Morgan Sand & Gravel was also present for the inspection. The Westhoff Pit is <br />located approximately 9 miles north of Fort Morgan, Colorado. The site is permitted for 40 acres. <br />During a previous inspection conducted on July 23, 2009, it was noted that an earth dam in the southeast portion <br />of the property failed. As a result, sediment was carried to the property south of the Westhoff Pit. A possible <br />violation was cited for failure to protect and stabilize all surface areas of the affected land to control erosion <br />effectively. This matter went before the Mined Land Reclamation Board (MLRB) on October 7, 2009. The <br />MLRB found the Operator in violation of C.R.S. 34- 32.5 7 116(4)0) for failing to protect and stabilize all surface <br />areas of the affected land, including spoil piles, so as to effectively control erosion. The signed MLRB Order, <br />dated November 13, 2009, required the Operator to comply with the following corrective actions: <br />1. Submit and obtain approval for a technical revision within 90 days of the signed Board Order. <br />2. Obtain a storm water discharge permit from the Colorado Department of Public Health and <br />Environment, Water Quality Control Division within 90 days of the signed Board Order. <br />3. Remove the remnants of the earth dam, and <br />4. Remove excess sediment within the permit boundary and on the Longacre's property, if the property <br />owner consents, and stabilize the banks of the drainage channel. <br />The Operator complied with items 1 and 2 of the Board Order prior to this inspection. The purpose of this <br />inspection was to make sure the Operator had removed the remnants of the dam and any excess sediment within <br />the permit boundary and on' the Longacre's property. <br />The remnants of the dam have been removed from the drainage channel. In addition, the excess sediment within <br />the drainage channel has been removed within the permit boundary. The sediment that washed onto the <br />Longacre property has not been removed. Mr. Westhoff stated that he has attempted to contact the Longacre's in <br />order to arrange to have the sediment removed. According to Mr. Westhoff, he has not received a response from <br />the Longacre's. The Operator must provide the Division with proof that Mr. Longacre has been contacted. Proof <br />of compliance may be in the form of a certified letter. The Operator must demonstrate that an attempt has been <br />made to reach an agreement with Mr. Longacre. If the Operator does not receive a response from Mr. Longacre, <br />or if an agreement cannot be reached, then the Division shall consider the corrective actions of the Board Order <br />to be completed. <br />This concluded the inspection. <br />I & E C ontact Address <br />NAME: Grea Westhoff <br />OPERATOR: Morgan Sand 8 rav I <br />STREET: 91915 HWY 59 <br />CITY /STATE /ZIP: Fort MorQnn (Y) A07n1 <br />