2025-10-30_ENFORCEMENT - M2025036

Home Browse Search

PERMIT#: M-2025-036 INSPECTOR'S INITIALS: BFB INSPECTION DATE:October 20,2025 OBSERVATIONS This inspection was conducted by Brock Bowles and Zach Trujillo of the Division of Reclamation, Mining and Safety (Division).This DRMS inspection was prompted by new information received on this site from Arapahoe County, which included a contract documenting compensation for material extracted from the site and contradictions between what the operator provided to the Division in the associated "Is it Mining?" questionnaire and a Arapahoe County notice of zoning violation that was initiated by the County. On July 14, 2025, the Division received a citizen inquiry regarding potential illegal mining occurring at 56505 East County Road 26, Strasburg, CO. The citizen contacted DRMS by phone but did not file an official complaint at that time. After investigation by the Division,the Division was able to contact a representative of the landowner, Miguel Brizuela (Operator). The Operator informed the Division that he was the nephew of the landowner, and the activities were associated with an agriculture project.The Division recommended to the Operator to submit an "Is It Mining?" questionnaire to the Division regarding the proposed activities and the need for a State Mining Reclamation Permit. The "Is it Mining?" document was submitted to the Division by the Operator on July 15 and is Attachment A of this Inspection Report. The Division originally inspected 56505 East County Road 26, Strasburg, CO on July 21, 2025. In the "Is It Mining?" questionnaire submission, the Operator stated they had received an Arapahoe County Standard Grading and Erosion Control Permit#035252272, as well as ongoing efforts to secure additional permits required by Arapahoe County (County). The Division contacted the County and confirmed the Operator was working on receiving permits through the County process under an agriculture project. The "Is It Mining?" questionnaire submitted to the Division stated that the landowner will not receive any type of compensation, i.e., monetary, in-kind, haulage fees, etc., from the proposed material extraction. On July 22, 2025, given the "Is It Mining?" document submitted to the Division by the operator, and after inspecting the site on July 21, the Division made a determination that the proposed activities did not require a mining permit for the claimed agriculture project at 56505 East County Road 26, Strasburg.The operator's "Is It Mining?" questionnaire submitted to the Division claimed that the excavation of approximately 69,000 cubic yards of sandy subsoil from a private property was for the purpose of replacing the excavated sand with a more suitable soil to enhance agricultural conditions for crop production. The Division's Determination letter is included as Attachment B. On August 4 and 18, 2025, DRMS received additional citizen complaints regarding the earth/sand extraction along with photo and video documentation of the activities taking place at 56505 East County Road 26, Strasburg, CO. The Division followed up on their discussions with the County, and at that time the County believed the activities were still deemed an agriculture project. Inspection pictures provided by the County documented that activities were still within the information that had been provided to the Division through the questionnaire. On October 15, 2025, DRMS received new information from the County regarding the activity at the location. The County provided a contractual agreement between Ames Construction, Inc and Haulr, LLC (owned by the Operator) detailing compensation for haulage fees for the extracted material that was the subject of the July 15, 2025, "Is It Mining?" questionnaire submitted by the landowner.As provided to the Division on Item 13 of the questionnaire,the operator explicitly marked that no landowner or the mine site operator will receive any Page 2 of 14