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Operator. An adjacent landowner, Ronda Bucholz was also present for the <br />inspection. Ms. Bucholz reported to the Division that the water in the pond was <br />approximately twenty feet deep at the center, approximately fifteen feet deep <br />throughout much of the pond, and approximately six feet deep at the edges. The <br />Division found that the pond banks are steeper than the approved 3H:1V gradient, <br />with slopes ranging from 1.5H:1V to 2.5H:1V, rising approximately three to five feet <br />above waterline. The Division also observed that noxious weeds persist at the site <br />around the pond (Tamarisk trees). During the inspection, the Division surmised <br />that there had been no weed control and management at the site in many years. <br />The Division also observed that the large overburden stockpile was still present on <br />the southern edge of the permit area. The Division's September 30, 2015 inspection <br />report noted that "the majority of this stockpile must be removed and the area <br />graded to 3H:1V or flatter for final reclamation. ... After completing the grading <br />work in the stockpile area and along the pond banks, these areas will then need to <br />be seeded with the approved seed mixture." <br />24. On October 27, 2015, the Division received an email from an attorney <br />for Operator, confirming that Operator is represented by counsel and requesting a <br />continuance of the hearing to allow time for preparation. <br />25. On October 27, 2015, the Division approved Operator's request to <br />continue the October 28, 2015 hearing to the November 18-19, 2015 Board meeting. <br />26. On November 06, 2015, the Division received a letter from Operator's <br />attorneys explaining that they "anticipate limited further involvement on behalf of <br />the operator and that neither (of them) will represent Bent County Ready Mix at <br />the upcoming hearing." <br />CONCLUSIONS OF LAW <br />27. 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. (2015) ("Act"). <br />28. Under section 34-32.5-116(4)(q)(I), C.R.S., every operator must <br />complete final reclamation prior to the expiration of five (5) years after the date the <br />operator advised the Board in an annual report that mining was completed. <br />Operator failed to complete final reclamation of the Thomeczek Pit prior to the <br />expiration of five years after the date Operator advised the Board in an annual <br />report that mining was completed, in violation of section 34-32.5-116(4)(q)(I), C.R.S. <br />Bent County Ready Mix <br />Thomeczek Pit, M-1995-007 <br />MV -2015-026 <br />5 <br />