2023-09-13_ENFORCEMENT - M2009077

Home Browse Search

RPM,Inc. Response: As requested,the Grimes commit we will not use the stockpile in question on our M2009-007 permitted mine site, known as the Dill Pit, until a permit revision for such use is approved. I believe we can agree on the following: • Tracy and Ed Grimes (Grimes)not only hold the permit, but they are also the landowners. • As landowners, one may assume they have the best interests of the property in mind. • The Grimes intend to address the erosion/County culvert issue with the County. We maintain the County must first fix the culvert issue prior to the Grimes doing additional repair work. In addition, we suggest the following: • The Grimes have a good record with CDRMS as to site compliance. They would not have knowingly jeopardized that record and relationship with the CDRMS by risking a potential violation. According to the Grimes personal communication to me, it was Grimes understanding that the approval letter from the CDRMS dated 2/24/2017 which was in response to the Grimes"Notice of Request to import fill...", dated 2/13/2017, allowed the Grimes to stockpile the material adjacent to the mine permit boundary. ("If placed in a temporary stockpile,the material will be located close to the point of use so it may be easily placed.",Notice and Request to import fill...,2/13/2017) • We believe Regulation C.R.S. 34-32.5-116(4)(i) and the position of the CDRMS allows the following. ➢ The stockpiled material is the property of the Grimes. The topsoil material would only become a part of the M2009-077 permit if the Grimes intended to use it for M2009-077 reclamation. We have stated the Grimes will not use it for reclamation unless a permit revision to do so is approved by the CDRMS. ➢ We suggest there is nothing in our reading of C.R.S. 34-32.5-116(4)(i) which prevents a landowner from accepting fill material from off site and its placement on its own private property, as long as it is outside a mine site permit boundary. ➢ The material stockpiled outside the permit boundary does not meet the definition of CRS 34-32.5-103 (13). Therefore,the Grimes may sell the topsoil material, as it sees fit,to any potential buyer, since it is not a natural occurring material and therefore does not fall within the authority of the Mined Land Reclamation Act for Construction Material. (We request additional discussions from the CDRMS on this question.) RPM,Inc., 25049 E.Alder Dr.,Aurora,CO 80016 Phone:(303)854-7499 Email:h1humphries2ogeomcast.net