2009-09-29_INSPECTION - M1977094

• Permit No: M1977094
• IBM Index Class Name: INSPECTION
• Doc Date: 9/29/2009
• Doc Name: Receipt of Corrective Action Documentation
• From: DRMS
• To: Morgan Sand and Gravel, Inc.
• Inspection Date: 6/23/2009
• Email Name: MAC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 29, 2009
Greg Westhoff
Morgan Sand and Gravel, Inc.
21215 HWY. 52
Fort Morgan, CO 80701
COLORADO
D I V I S ION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Westhoff Pit; DRMS File No. M-1974-094; Receipt of Corrective Action Documentation
Dear Mr. Westhoff,
The Division of Reclamation, Mining and Safety (Division) received your above referenced
response in regard to Compliance Problem 3 and 5 identified in the report of the inspection that
was conducted on June 23, 2009. The status of the corrective actions reported by Morgan Sand
and Gravel, Inc. in regard to these problems is as follows:
Compliance Problem 3: Erosion has exposed buried construction materials in the gullies
that have formed near the southern permit boundary.
This problem has not been resolved. The Operator has stated that all of the metal that was
exposed has been removed. In accordance with Rule 3.1.5(9), the Operator must provide the
Division with notice of the backfill activity. The notice shall include a narrative that describes
the location of the activity, the volume of the inert material, and a signed affidavit certifying that
the material is clean and inert. The Division acknowledges that the exposed metal has been
removed from the site; however, the Operator must still comply with Rule 3.1.5(9). This problem
will be considered resolved once the Operator submits the necessary documentation to the
Division.
Compliance Problem 5: Stormwater is being detained within the affected area.
This problem has not been resolved. Rule 3.1.6(1)(b) requires Operators to comply with
applicable Colorado water quality laws and regulations. A Sand and Gravel Mining and
Processing permit must be obtained from the Colorado Department of Public Health and
Environment, Water Quality Control Division whenever stormwater runoff associated with sand
and gravel operations occurs. This requirement applies to the Westhoff Pit, since stormwater
runoff leaves the site through the natural drainage channel. The problem will be considered
resolved once the Operator obtains the necessary permits and submits a copy to the Division.
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