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2025-07-14_ENFORCEMENT - M2002120
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2025-07-14_ENFORCEMENT - M2002120
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Last modified
7/28/2025 9:50:28 AM
Creation date
7/15/2025 7:39:59 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2002120
IBM Index Class Name
Enforcement
Doc Date
7/14/2025
Doc Name
Reason to Believe a Violation Exists - Notice
From
DRMS
To
Chris Oestreich - BURNCO Colorado, LLC
Email Name
MAC
CMM
NCG
JLE
GRM
Media Type
D
Archive
No
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PERMIT#: M-2002-120 <br /> INSPECTOR'S INITIALS:NCG <br /> INSPECTION DATE: June 20,2025 <br /> • <br /> erosion around the overburden pile. <br /> CORRECTIVE ACTIONS: This possible violation will require a hearing before the Mined Land Reclamation Board. <br /> The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via <br /> certified mail to the operator. <br /> CORRECTIVE ACTION DUE DATE: Tentative MLRB hearing date - 8/20/25 <br /> INSPECTION TOPIC: Topsoil <br /> POSSIBLE VIOLATION #3: During the inspection, the Division did not observe any topsoil storage areas and <br /> determined there is inadequate topsoil on site to complete the approved reclamation at the site. This is a <br /> possible violation pursuant to C.R.S. 34-32.5-124 for failure to comply with the condition of a permit and C.R.S. <br /> 34-32.5-116(4) and Rule 3.1.9, for failure to implement the approved reclamation plan. <br /> CORRECTIVE ACTIONS: This possible violation will require a hearing before the Mined Land Reclamation Board. <br /> The schedule and other details for the MLRB hearing will be provided under a separate document to be sent via <br /> certified mail to the operator. <br /> CORRECTIVE ACTION DUE DATE: Tentative MLRB hearing date - 8/20/25 <br /> INSPECTION TOPIC: Gen. Compliance With Mining Plan <br /> PROBLEM #1: During the inspection the Division observed changes to the configurations of Mining Cells 2 and 5. <br /> The current mining plan needs to be updated and clarified pursuant to C.R.S. 34-32.5-112 (1)(c)(VI). The operator <br /> must provide sufficient information to describe or identify how the operator intends to conduct the operation. <br /> CORRECTIVE ACTIONS: The operator shall submit a Revision to update and clarify the current approved mine <br /> plan to reflect existing and proposed activities by the corrective action date. <br /> CORRECTIVE ACTION DUE DATE: 8/11/25 <br /> INSPECTION TOPIC: Gen. Compliance With Reclamation Plan <br /> PROBLEM #2: Mining is complete within reservoir cells 3, 4 and 5. The current approved reclamation plan states <br /> reclamation should be complete within one year after mining in these cells. During the inspection, the Division <br /> observed incomplete reclamation of reservoir cells 3, 4 and 5. Final earthwork, spillway installation, topsoiling <br /> and initial seeding is not complete. The reclamation plan needs to be updated and clarified pursuant to C.R.S. <br /> 34-32.5-116 (1). Additionally, the operator has not completed reclamation of Cell 3 within five (5) years from the <br /> date that mining activities ceased as required by C.R.S. 34-32.5-116(4) and Rule 3.1.3. <br /> CORRECTIVE ACTIONS: By the corrective action due date, the operator shall submit a Revision to update and <br /> clarify the schedule for completing reclamation activities at the site. The expectation is that all required <br /> earthwork, spillway installation, and initial seeding of reservoirs 3, 4, and 5 will be completed within one year in <br /> accordance with the approved reclamation plan. <br /> CORRECTIVE ACTION DUE DATE: 8/11/25 <br /> INSPECTION TOPIC: Financial Warranty <br /> PROBLEM #3: The financial warranty is not adequate to reclaim the site in accordance with the approved <br /> reclamation plan. This is a failure to maintain the proper financial warranty amount to complete the reclamation <br /> of the affected lands pursuant to C.R.S. 34-32.5-117(4)(b) of the Act. <br /> CORRECTIVE ACTIONS: Enclosed is the reclamation cost estimate, by the corrective action due date, please <br /> submit any questions you have regarding the estimate to the Division. After the corrective action due date, the <br /> Division may send a separate surety increase notice to the operator regarding the required increase of the <br /> financial warranty. The operator will have 60 days from the date on the surety increase notice to post the <br /> additional financial warranty. <br /> Page 2 of 24 <br />
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