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cOLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date February 27, 2024 Operator 5A Aggregate LLC <br /> File No. M-1988-090 Site Name Deer Trail Pit <br /> Specialist Robin Reilley Objecting Party N/A <br /> County Lincoln Permit Type 112c <br /> Action: <br /> Possible violation of <br /> o C.R.S. 34-32.5-124 for failure to comply with conditions of an order,permit,or regulation. <br /> And, <br /> o Rule 3.1.9(1) and C.R.S. 34-32.5-116(4)(g)for failure to remove topsoil and segregate it from <br /> other spoil for future reclamation use. <br /> Resolution: <br /> o 5A Aggregates LLC('5A"or"Operator") concedes a violation of C.R.S. 34-32.5-124 for failure <br /> to comply with conditions of an order,permit, or regulation; and Rule 3.1.9(1) and C.R.S. 34- <br /> 32.5-116(4)(g)for failure to remove topsoil and segregate it from other spoil for future <br /> reclamation use at the Deer Trail Pit site, File No. M-1988-090. <br /> Chronology: <br /> o December 6, 2023: DRMS conducted a routine monitoring inspection of the operation and found <br /> the Operator had not salvaged and stockpiled topsoil in accordance with the approved plan, and <br /> that contemporaneous reclamation was not occurring as per the mining and reclamation plan. <br /> o January 18,2024: DRMS sent the Operator an updated reclamation cost estimate. <br /> o January 22,2024: DRMS sent the Operator a Reason to Believe a Violation Exists and Notice of <br /> Board Hearing letter(RTB). <br /> Reason for Violation: <br /> The approved mining plan for the site indicates the Operator shall actively mine five acres,will actively <br /> replace overburden and construct the final slopes and spread topsoil on five acres and will be revegetating <br /> five acres concurrently. The Division Staff found the Permittee has affected about twenty two acres of <br /> land and was not conducting concurrent reclamation in the five acre stages as required. Also,the <br /> approved reclamation plan requires that topsoil be salvaged and stored for reclamation. No topsoil piles <br /> were observed at the time of December 6, 2023 inspection. <br /> Grants, Condition and Agreement No. 1 of permit M-1988-090 requires the Operator to comply with the <br /> requirements of the Act and all applicable rules and regulations of the Mined Land Reclamation Board <br /> �.Op COLD <br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Fe <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov I <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director <br /> *1876�` <br />