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no topsoil stockpiles at the site as required in the mining plan and inadequate <br /> topsoil to complete reclamation. <br /> 3. On June 27, 2025, the Operator submitted photos to the Division of <br /> recent grading and a berm installed on the south side of the overburden stockpile to <br /> mitigate erosion impacting the Big Thompson River. <br /> 4. On July 14, 2025, the Division mailed a Reason to Believe a Violation <br /> Exists Letter to Operator, providing notice of alleged violations and providing notice <br /> the matter would be heard at the Board's August 20, 2025 meeting. <br /> 5. At the hearing, the Division presented testimony regarding the <br /> potential violations observed during its inspection, including the extent and nature <br /> of the off-site disturbances, the lack of topsoil stockpiles on the site, erosion and a <br /> lack of systems to prevent runoff at parts of the site, and the lack of a floodplain <br /> protection plan for the stockpile area. Mining is complete across most of the site, <br /> and the operator is working on reclamation, but the potential violations observed <br /> during the Division's inspection need to be addressed. The Division also made <br /> recommendations for corrective actions to remedy the alleged violations, including <br /> the Operator submitting either an amendment application to include offsite <br /> disturbances within the permit boundaries or applying for a 110c reclamation-only <br /> permit for the overburden stockpile area north of the river. A permit amendment or <br /> reclamation-only permit is necessary to bring the offsite disturbances within the <br /> Division and Board's jurisdiction and ensure reclamation of that area. <br /> 6. Operator presented testimony regarding the site, agreeing with most of <br /> the Division's observations and recommendations and acknowledging that the <br /> Operator had inherited the issues when it acquired the site from the previous <br /> operator. Offsite disturbances were largely due to a misunderstanding about where <br /> the fence line is located in relation to the permit boundary on the north side of the <br /> site. Operator has already started moving the stockpile within the boundary and <br /> should be done with that work within 10 days of the hearing. Regarding hydrologic <br /> balance issues, the Operator has installed a large berm to catch stormwater from <br /> the stockpile and move it to a pond, and a small catchment to address water that <br /> falls outside the berm. <br /> 7. Regarding a floodplain permit, the Operator presented testimony that <br /> it was under the mistaken belief that the issue had been addressed in 2002 but also <br /> stated that because all the excavation was done from the floodplain, there is a net <br /> neutral effect. Operator also stated that it will be removing the stockpile. <br /> 8. Regarding topsoil on the site, Operator presented testimony that there <br /> were topsoil stockpiles on the site, but that due to a misunderstanding, they had <br /> previously given the Division inaccurate information that no topsoil was stockpiled <br /> BURNCO Colorado, LLC, <br /> Bernhardt Resource/M-2002-120 <br /> MV-2025-012 2 <br />