Laserfiche WebLink
the ponds at the site being slowly backfilled with wash fines from processing. The <br /> Operator agreed that the site had housekeeping issues but stated that the tire <br /> stockpile and equipment had been removed and that a plan for managing weeds <br /> was in the works. The Operator discussed waste concrete being an issue in rural <br /> areas like Alamosa, with reprocessing not being the same option as it is on the <br /> Front Range. The Operator stated that it was willing to pursue an amendment or <br /> revision to the permit that would address broader water issues and that the <br /> Operator would likely be willing to excavate and remove rebar in the 2000 cubic <br /> yards of concrete imported to the site since the last Division inspection. <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br /> Title 34, C.R.S. (2024) ("Act"). <br /> 9. Rule 3.1.5(9) of the Mineral Rules and Regulations of the Colorado <br /> Mined Land Reclamation Board for the Extraction of Construction Materials <br /> ("Rules") allows an operator to use inert structural fill generated outside of the <br /> approved permit area as backfill material if the operator provides the Division <br /> notice. Rule 3.1.5(9)(c) requires operator to provide the Division a signed affidavit <br /> certifying that the fill material is clean and inert, as defined by Rule 1.1(22). Inert <br /> material is "non-water-soluble and non-putrescible solids together with such minor <br /> amounts and types of other materials, unless such materials are acid or toxic <br /> producing, as will not significantly affect the inert nature of such solids. The term <br /> includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in <br /> a hardened state for at least sixty (60) days, masonry, asphalt paving fragments, <br /> and other inert solids." Rule 1.1(22). The Operator imported non-inert materials as <br /> backfill at the site, including rebar, wood, a metal drum, and other metal materials <br /> that were mixed with structural fill material used to backfill the open groundwater <br /> pit excavations at the site in violation of Rule 3.1.5(9). <br /> 10. Section 34-32.5-124(1), C.R.S., requires compliance with Board orders, <br /> permits, and regulations. By importing non-inert fill, Operator has failed to comply <br /> with its permit's mining and reclamation plan and violated Rule 3.1.5(9). <br /> Accordingly, the Operator has violated section 34-32.5-124(1), C.R.S. <br /> 11. Section 34-32.5-116(4)(e), C.R.S., requires that all refuse must be <br /> disposed of in a manner that controls unsightliness or deleterious effects of that <br /> refuse. Operator violated section 34-32.5-116(4)(e), C.R.S., by importing fill material <br /> that included refuse that was unsightly and likely to cause deleterious effects and <br /> that was used to backfill the pit. <br /> Southwest-Ready Mix, Inc. <br /> Alamosa Pit No. 2, File No. M-1983-175 <br /> MV-2024-026 3 <br />