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PERMIT #: M-2019-033 <br />INSPECTOR'S INITIALS: SJM <br />INSPECTION DATE: June 7, 2019 <br />OBSERVATIONS <br />This inspection was conducted in response to an inquiry about a possible unpermitted mining operation <br />located in Montrose County. The site lies approximately 8 miles northwest of Montrose, Colorado at the end <br />of Loesh Road and the intersection of 5875 Road. The Division was contacted on June 4, 2019 about a possible <br />unpermitted operation being carried out by Rocky Mountain Aggregate and Construction, LLC. Zane Luttrell of <br />Rocky Mountain Aggregate and Construction, LLC (Operator) was contacted about the unpermitted operation <br />and has been very cooperative. The site was not active during the inspection, although a Loader, several <br />trucks and a belly dump were still on site. <br />Photos of the area accompany this report to illustrate the current site conditions. <br />The footprint of the site makes up approximately 3 acres of disturbed land in a circle shape. According to the <br />Operator, removal of material began on March 2019 and is ongoing. It is estimated that 12,000 cubic yards of <br />material had been extracted and 500 cubic yards and transported 2 miles south to the same landowners (Mr. <br />Blain Klett) property, but the property 2 miles away is not contiguous. Excavation includes a 25' highwall. <br />Fuel is being stored on site and does not appear to have secondary containment with a liner. There is a berm <br />of rock material around the fuel tank. <br />Discussions with the Operator indicated that the site is used for roads to support a hemp growing operation. <br />However, the activities that did take place appear to have required a permit as material was excavated and <br />hauled off-site as a construction material for road base or fill. A problem is being cited for failure to first <br />obtain a reclamation permit from the Mined Land Reclamation Board before engaging in a new mining <br />operation as required by C.R.S. 34-32.5-109(1). The activities meet the requirements of C.R.S 34-32.5-110 and <br />therefore require a 110 permit. The Operator has indicated that he is willing to prepare and submit a 110 <br />application soon. The Operator shall ensure that the permit application and all of its supporting <br />documentation is received by the Division's Denver Office prior to the July meeting of the Mined Lands <br />Reclamation Board, and no later than Wednesday, July 24, 2019. <br />This possible violation will require a hearing before the Mined Land Reclamation Board. The schedule and <br />other details for the MLRB hearing will be provided under a separate document to be sent via certified mail to <br />the Operator and the Landowner. <br />All responses to this report should be directed to Stephanie Mitchell at the Division of Reclamation, Mining <br />and Safety at 1313 Sherman Street, Room 215, Denver, CO 80203, by phone at 303.866.3567 ext. 8180 or by <br />email at stephanie.mitchell@state.co.us <br />Page 2 of 5 <br />