The Mined Land Reclamation Board found that extraction activity at the Arapaho Farm Pit (administrative permit number 2025036) met the statutory definition of a mining operation and ordered the operator to file a reclamation permit amendment within 90 days, with most civil penalties suspended if the operator complies.

DRMS engineer Brock Bowles presented a chronology showing the division initially concluded no permit was required after reviewing an "is‑it‑mining" questionnaire in July 2025. Subsequent information from Arapahoe County, including a contract indicating haulage fees and evidence that material was leaving the site, led the division to reclassify the activity as mining and issue a reason‑to‑believe letter on Oct. 30. Bowles told the board the division estimated 48 days of violation (Oct. 30 to Dec. 17) and a civil penalty range of $48,000–$240,000 but recommended suspending most of the penalty if the operator files and obtains the required permit approval within statutory deadlines.

Operator representatives explained that the project’s stated purpose was to remove sand to improve agricultural soils and that they had worked with county staff and local banks; they said they were now prepared to comply. "Our main objective with the project is trying to get the land to be able to use so that we can grow vegetables on that property," the operator said in testimony.

Board members questioned whether compensation for haulage — even at break‑even rates — triggers the mining definition. DRMS staff and board members explained that any compensation for material haulage typically indicates mining activity under the board’s historic interpretation of the statute.

A motion adopting staff recommendations passed: the board found the operator in violation, issued a cease‑and‑desist order and corrective action requiring a reclamation permit application within 90 days, and agreed to suspend civil penalties (other than a required minimum investigation fee) contingent on meeting the deadline. The operator may apply for permit types (1.12C or 1.11B) based on acreage and business model; staff noted the operator can seek reinstatement or reconsideration if circumstances change.

The board’s order leaves the $339.84 investigation cost as non‑suspended per statute; the larger civil penalty amounts would be reinstated if the operator fails to comply within the specified timeframe.