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material from the permitted pit is being stored outside the permit boundary, <br />accounting for 0.62 acres of disturbance. <br />4. The Division mailed the inspection report to the Operator on July 23, 2015. <br />5. On July 24, 2015, the Division mailed a Reason to Believe a Violation <br />Exists and Notice of Board Hearing to the Operator, citing the potential violation as <br />the failure to protect areas outside of the affected land from damage occurring <br />during the mining operation. <br />6. On August 3, 2015, the Division received photographic documentary <br />evidence that all of the petroleum products that had been improperly stored on the <br />site were removed and the miscellaneous equipment pieces that were stored outside <br />the permit area had also been removed. On the same date, the Division sent a <br />letter to the Operator informing it that the corrective action for the improper <br />storage and containment of fuels had been successfully abated. The letter informed <br />the Operator that although the equipment pieces had been removed, additional off- <br />site damage issues remained which must be addressed before the Board. <br />7. At the hearing, the Division testified regarding the stockpiles from the <br />site being improperly stored on land outside of the permit area. The Division also <br />testified that the Operator had been responsive and cooperatively working closely <br />with the Division to remedy the problems cited on the July 8, 2015 inspection report. <br />8. During his testimony, Mr. Corson admitted to removing material from <br />the permitted site and storing it outside of the permit boundary. Mr. Corson <br />testified that he had received permission from the land owner to stockpile material <br />on the property and did not know until the inspection that he could not do so <br />without a permit. <br />9. Mr. Means testified that the Operator removed the loader tire and <br />metal machine braces the Division observed during the July 8, 2015 inspection on <br />the east side of the road. Mr. Means further stated that the Division's alleged <br />violation for this enforcement action is for the stockpiled material being stored 0.25 <br />miles outside the permit area. <br />10. In the permit, Operator agreed that it is a provision of the permit <br />that the operations will be conducted in accordance with the terms and conditions <br />listed in the application, as well as with the "provisions of the Act and the Mineral <br />Rules and Regulations." <br />C & B Sand and Gravel, Inc. <br />Sheehan Pit/M-2007-058 <br />MV -2015-015 <br />2 <br />