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2010-04-08_INSPECTION - M1977094
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2010-04-08_INSPECTION - M1977094
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Last modified
8/24/2016 4:03:35 PM
Creation date
4/12/2010 10:59:56 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977094
IBM Index Class Name
INSPECTION
Doc Date
4/8/2010
Doc Name
Insp Rpt
From
DRMS
To
Morgan Sand & Gravel, Inc.
Inspection Date
3/15/2010
Email Name
MAC
AJW
Media Type
D
Archive
No
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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-? 97Z-094 <br />INSPECTION DATE: '{/15/in INSPECTOR=S INITIALS: MAC' <br />OBSERVATIONS <br />The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety <br />(Division). Tony Waldron of the Division and Greg Westhoff of Morgan Sand & Gravel, Inc. were also present <br />for the inspection of the Westhoff Pit. Following the inspection of the Westhoff Pit, the Division staff met with <br />John Longacre of Longacre Ranch, RLLP. and Patrick Schilken of Schilken & Krautt, P.C. to inspect the <br />Longacre Ranch. The Westhoff Pit is located approximately 9 miles north of Fort Morgan, Colorado. The site is <br />permitted for 40 acres and the post-mining land use is rangeland. <br />The purpose of this inspection was to investigate a citizen complaint filed with the Division on February 24, <br />2010 by Schilken & Krautt, P.C. on behalf of the Longacre family. The Longacre's own the property <br />surrounding the Westhoff Pit. The letter states Morgan Sand & Gravel, Inc. committed trespass on the property <br />of the Longacre Ranch as a result of complying with a Mined Land Reclamation Board (MLRB) Order. In <br />addition, the letter states fill material from the mine site was used to repair gullies located on the Longacre <br />Ranch and the fill material contained concrete and other non-inert construction material. <br />The Division received a prior complaint letter from Schilken & Krautt, P.C. on behalf of the Longacre family on <br />July 20, 2009. An inspection of the Westhoff Pit was conducted on July 23, 2009 in response to the complaint <br />letter. During the inspection it was noted that an earthen dam, located near the center of the site in a natural <br />wash, failed and released sediment onto the Longacre Ranch. A possible violation was cited for failure to <br />minimize disturbances to the hydrologic balance of the affected land. The matter was brought before the MLRB <br />on October 7, 2009 and the Operator was found to be in violation of C.R.S. 34-32.5-116(4)0) for failing to <br />protect and stabilize all surface areas of the affected land, including spoil piles, so as to effectively control <br />erosion. The MLRB Order issued on November 13, 2009, required the Operator to remove excess sediment <br />within the permit boundary and on the Longacre's property, if the property owner consents, and stabilize the <br />banks of the drainage channel. <br />The Operator sent a letter to John Longacre on January 19, 2010, requesting access to the Longacre Ranch; a <br />copy of the letter was submitted to the Division on January 28, 2010. The Operator's request to enter the <br />Longacre Ranch to remove sediment was denied; a copy of the response letter was submitted to the Division on <br />March 10, 2010. As noted in the report of the inspection conducted on December 11, 2009, the Operator has <br />removed the excess sediment within the permit boundary and has stabilized the banks of the drainage channel. <br />The Operator has also obtained a storm water discharge permit from the Colorado Department of Public Health <br />and Environment; a copy was submitted to the Division on November 4, 2009. <br />It was noted during the inspection the Operator has mined through a sand bank at the top of the drainage <br />channel, creating another discharge point for storm water runoff. The sidewall of the drainage channel at the <br />discharge point is approximately 1 H:1 V. This area of the drainage channel is likely to erode during high <br />precipitation events due to the steep grade of the sidewall and the sandy nature of the substratum. The approved <br />Reclamation Plan does not address the final configuration of the site as it relates to storm water runoff. The <br />Operator shall address this problem by revising the Reclamation Plan through a Technical Revision. The <br />Division recommends that final grading of the site should transmit storm water runoff to a single point in the <br />drainage channel to reduce the potential for erosion. Furthermore, the Operator must address the stability of the <br />newly created access point during mining operations. Please see Page 4 of this report for a detailed description
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