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RECE!V`D <br /> C. COLORADO <br /> Division of Reclamation, MAR 2 5 2024 <br /> DNR Mining and Safety <br /> Department of Natural Resources DIVISION OF RECLAMATION <br /> MINING AND SAFTEY <br /> STAFF SUMMARY FORM FOR CONSENT AGENDA ITEMS <br /> Date March 11,2024 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 Arapahoe 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 /> o Mr. Gerald Carson Jr. asserts that the alleged violations occurred prior to the transfer of <br /> ownership of 5A to(himself),Mr. Gerald Carson,Jr. <br /> o Mr. Carson met with DRMS Staff and demonstrated a desire to remediate the issues and <br /> cooperate with the Division in bringing the mining operation into compliance with the <br /> requirements of the permit and law. <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 2,2024,according to Mr. Gerald Carson Jr. the entirety of the membership interest of 5A <br /> was sold by unrelated third parties to Mr. Carson,Jr. and the alleged violations pre-date Mr. <br /> Carson's ownership of 5A. <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 /> o February 22, 2024: Operator met with DRMS staff to discuss the alleged violations and <br /> requirements to bring the mining site into compliance with the permit requirements. <br /> o March 7,2024: Mr. Carson submitted a surety bond in the amount of$294,815 as requested by <br /> the Division. DRMS Staff is working with the Mr. Carson on finalizing the required surety <br /> paperwork. <br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https://drms.colorado.gov ,, `, � o <br /> Jared S. Polls, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director \ *‘� y\,* <br /> */876* <br />