2011-08-02_INSPECTION - M1994011

• Permit No: M1994011
• IBM Index Class Name: INSPECTION
• Doc Date: 8/2/2011
• Doc Name: Permit and site issues
• From: DRMS
• To: West End Gravel Company
• Inspection Date: 7/19/2011
• Email Name: GRM
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
August 2 2011 RECEIVE AD
Bob Sutherland
West End Gravel Company
P.O. Box 889
Nucla, CO 81424
Re: West End Gravel Pit, Permit No. M- 1994 -011, Permit and site issues.
Dear Mr. Sutherland,
Mined Land Reclamation
STATE OF CO
AUG 04 2011
Givicion of Reclamation,
Mining ng
and Safety
COLORADO
D I V I S I O N O F
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
On July 19, 2011 the Division of Reclamation, Mining, and Safety (Division) met with you at the West End
Gravel Pit. The site inspection was a normal monitoring inspection that was overdue. The other driving
factor was the Division had been contacted by the landowner regarding the permit and reclamation
status. Division staff noted from the contact that several issues need to be addressed. The attached
inspection report notes the issues plus others that have specific dates for correction. For clarification
the issues are addressed in more depth below.
1. The lease on the property has expired according to the landowner and West End may not have
a legal right to access. Per CRS 34- 32.5(1)(c)(IV) and Rule 6.4.14 an operator must maintain
legal right to enter for the duration of the permit. Failure to maintain access is a violation of
the permit requirements. The Division is requesting documentation from West End clearly
demonstrating that there is legal right to access. A current effective lease or a letter from the
landowner allowing access to the site will clear up this issue. Please note that failure to submit
the documentation may lead to the Division issuing a notice of possible violation on this issue.
If upheld it could lead to a civil penalty, permit revocation, and possible bond forfeiture.
2. Annual reports for this site and other West End permits are lacking in critical information. As
explained during our visit mining activities are very broad in definition. Excavation and
material processing are clear, but stormwater control maintenance, reclamation activities, site
general maintenance, and stockpile reductions all may meet the definition. Reports for this
site indicate that there has been no activity since 2002. The Act and Rules require reclamation
of a site within five years of notifying the Division that activity has ceased. Based on the
reports submitted by West End, the date activities on this site stopped as of May 28, 2004.
While it may be convenient to use the same letter and change the date to meet the reporting
requirement, the purpose of the report is to document site activity if questions such as this
arise. West End is advised to reformat its reporting document so that any activity on site is
noted on an annual basis. The Division is requesting that West End submit an amended report
if activity information is incorrect noting activities on site since 2006. This will satisfy the five
year time frame for reclamation or reactivation.
Office of Office of
Denver • Grand Junction • Durango Active and Inactive Mines