Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. MV-2025-012 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF POSSIBLE VIOLATIONS BY BURNCO COLORADO, LLC, <br /> CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILURE TO PROTECT <br /> LAND OUTSIDE THE PERMIT BOUNDARIES FROM SLIDES OR DAMAGE, <br /> FAILURE TO COMPLY WITH THE CONDITIONS OF THE PERMIT OR <br /> REGULATION, FAILURE TO MINIMIZE DISTURBANCES TO THE <br /> PREVAILING HYDROLOGIC BALANCE AND TO THE QUALITY AND <br /> QUANTITY OF WATER, FAILURE TO STABILIZE SPOIL PILES TO <br /> EFFECTIVELY CONTROL EROSION, AND FAILURE TO RETAIN TOPSOIL <br /> FOR RECLAMATION, File No. M-2002-120 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on August 20, 2025, to consider possible violations by BURNCO Colorado, LLC <br /> ("Operator"), corrective actions, and civil penalties for failure to protect land <br /> outside the permit boundaries from slides or damage, failure to comply with the <br /> conditions of the permit or regulation, failure to minimize disturbances to the <br /> prevailing hydrologic balance and to the quality and quantity of water, failure to <br /> stabilize spoil piles to effectively control erosion, and failure to retain topsoil for <br /> reclamation, file number M-2002-120. Nikie Gagnon appeared on behalf of the <br /> Division of Reclamation, Mining, and Safety ("Division"). Chris Oestreich and Joel <br /> Bolduc appeared on behalf of Operator. <br /> The Board, having considered the testimony and the materials presented and <br /> having been otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112(c) permit for a 291.64-acre sand and gravel <br /> operation located in Section 1, Township 4 North, Range 67 West, 6th Principal <br /> Meridian in Weld County, one mile northeast of Milliken, Colorado, permit number <br /> M-2002-120. The site is known as the Bernhardt Resource. <br /> 2. On June 20, 2025, the Division conducted an inspection of the site. <br /> The inspection report, signed July 11, 2025, noted several issues at the site. An <br /> overburden stockpile had been partially placed outside of the permit boundaries, on <br /> the north side of the permit area within the floodplain of the Big Thompson River <br /> and did not have adequate stormwater control practices. The Division also observed <br />