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COLORADO <br /> Mng <br /> D ivisi o n ofand ReclamationSafety , <br /> Department of Natural Resources <br /> July 14, 2025 <br /> Chris Oestreich <br /> BURNCO Colorado, LLC(BURNCO) <br /> 1120 W 122"d Ave. Suite 301 <br /> Westminster, CO 80234 <br /> Re: Reason to Believe Violations Exist and Notice of Board Hearing; Bernhardt Resource operated <br /> by BURNCO Colorado, LLC; Permit M-2002-120 <br /> Dear Mr. Oestreich: <br /> On March 20, 2025, and June 20, 2025,the Division of Reclamation Mining and Safety(Division) <br /> conducted inspections of the Bernhardt Resource mine site (Permit M-2002-120) and observed that the <br /> Operator(BURNCO) has affected an unpermitted area within the floodplain of the Big Thompson River. <br /> The Division also observed that overburden material had been stockpiled outside of the approved <br /> boundary and erosion was occurring offsite. Additionally,the Operator is not complying with the <br /> conditions of the permit and the approved mining and reclamation plans by failing to retain sufficient <br /> topsoil to complete reclamation in accordance with the approved plan. <br /> Based on the findings of the inspections,the Division believes BURNCO is in violation of the following: <br /> • C.R.S. 34-32.5-116(4)(i)for failure to protect areas outside of the affected land from slides or <br /> damages occurring during the mining operation and reclamation; <br /> • C.R.S. 34-32.5-124 for failure to comply with the conditions of the permit or regulation; <br /> • C.R.S. 34-32.5-116(4)(h)for failure to minimize disturbances to the prevailing hydrologic balance <br /> of the affected land and of the surrounding area and to the quality and quantity of water in <br /> surface and groundwater systems both during and after the mining operation and during <br /> reclamation; <br /> • C.R.S. 34-32.5-116(4)(J)for failure to stabilize spoil piles to effectively control erosion; <br /> • C.R.S. 34-32.5-116(4) (g) and Rule 3.1.9,for failure to retain topsoil for reclamation. <br /> Therefore,the Division has reason to believe that violations exist to the Colorado Land Reclamation Act <br /> for the Extraction of Construction Materials, C.R.S. § 34-32.5-101, et seq., and have scheduled this <br /> enforcement matter before the Mined Land Reclamation Board (MLRB). <br /> A Formal Public Hearing will be held during August 20-21,2025, Board Meeting. The hearing will be held <br /> at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on August 20 or as soon <br /> thereafter as the matter can be considered. <br /> OF �Olp � <br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 i`/N�'/ `:h_� 7g, <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216)lttos://drms.colorado.eov �,,\ <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director 4 ,, %*/ <br /> `.1st .`/ <br />