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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV 2024-006 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE NOTICE OF POSSIBLE VIOLATION, CORRECTIVE <br /> ACTION, AND CIVIL PENALTIES AGAINST 5A AGGREGATE LLC FOR <br /> FAILURE TO COMPLY WITH THE CONDITIONS OF A PERMIT AND FAILURE <br /> TO REMOVE AND SEGREGATE TOPSOIL FOR FUTURE RECLAMATION USE, <br /> File No. M-1988-090 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> March 20, 2024, as a consent agenda matter to consider a possible violation, <br /> corrective action, and civil penalties against 5A Aggregate LLC ("Operator") for <br /> failure to comply with the conditions of a permit and failure to remove and <br /> segregate topsoil for future reclamation use, file number M-1988-090. <br /> The Board, having considered the materials presented with this matter and <br /> having been otherwise fully informed of the facts in this matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for a 60-acre sand and <br /> gravel operation located in Section 24, Township 5 South, Range 60 West, 6th <br /> Principal Meridian in Arapahoe County, Colorado. The site is known as the Deer <br /> Trail Pit. <br /> 2. On December 6, 2023, the Division conducted a routine inspection of <br /> the site and found that Operator had not salvaged and stockpiled topsoil in <br /> accordance with the approved mining plan and that Operator had not conducting <br /> contemporaneous reclamation as required by the mining and reclamation plan. <br /> Jerry Carson, who was identified as a prospective buyer of the Operator, was in <br /> attendance during the inspection. Approximately 22 acres of land had been <br /> affected, with no concurrent reclamation being completed. The Division also <br /> observed no stockpiles of topsoil. <br /> 3. On January 2, 2024, Mr. Carson purchased the entirety of the <br /> membership interests of Operator. <br /> 4. On January 18, 2024, the Division mailed Operator the inspection <br /> report. <br /> 5. On January 22, 2024, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists letter, informing the Operator of the possible violations <br />