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at the site. The topsoil stockpile had been moved to a different part of the site, with <br /> the landowner taking the stockpiled topsoil and overburden and mixing it with <br /> manure. The Operator has an agreement with the landowner to purchase topsoil for <br /> use in reclaiming the site. <br /> 9. Though the Operator agreed with most of the Division's recommended <br /> corrective actions, it requested that no amendment or reclamation-only permit <br /> application be required. The Operator argued that the offsite disturbances were not <br /> from extraction and are on land owned by the same landowner for the rest of the <br /> site and that the burden of an amendment or permit application was not necessary <br /> given the size and location of the offsite disturbance. <br /> CONCLUSIONS OF LAW <br /> 10. 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. (2025) (the "Act"). <br /> 11. The Operator is engaged in a "mining operation" as that term is <br /> defined in section 34-32.5-103(13), C.R.S. <br /> 12. Section 34-32.5-116(4)(i) requires that operators protect areas outside <br /> affected land from slides or damage occurring during mining or reclamation. <br /> Operator violated section 34-32.5-116(4)(i) by stockpiling overburden and disturbing <br /> land outside the permitted boundary. <br /> 13. Section 34-32.5-116(4)(h), C.R.S., requires operators to minimize the <br /> disturbance to the prevailing hydrologic balance in the surrounding area and to the <br /> quality or quantity of water in surface systems during the mining operation. The <br /> Operator failed to minimize the disturbance to the quality of water in the surface <br /> system by failing to prevent runoff from stockpiles from discharging into the Big <br /> Thompson River, in violation of section 34-32.5-116(4)(h), C.R.S. <br /> 14. Section 34-32.5-116(4)(j), C.R.S., requires operators to stabilize all <br /> surface areas of affected land to effectively control erosion. The Operator failed to <br /> stabilize spoils piles to prevent erosion, in violation of section 34-32.5-116(4)(j), <br /> C.R.S. <br /> 15. Section 34-32.5-124 requires operators to comply with the conditions of <br /> their permits and all applicable regulations. Operator's permit for the site requires <br /> it to obtain a Floodplain Development Permit from Weld County. By failing to <br /> obtain the required floodplain development permit, Operator has failed to comply <br /> with the conditions of its permit and is in violation of section 34-32.5-124, C.R.S. <br /> BURNCO Colorado, LLC, <br /> Bernhardt Resource/M-2002-120 <br /> W-2025-012 3 <br />