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(20') beyond the permit boundary. The Division observed that this erosion was <br /> caused by stormwater entering the site and running down the highwall along the <br /> southern permit boundary, causing a gulley which headcut and migrated to the <br /> south. The other erosional feature the Division observed was located in the <br /> northwest corner of the site that was twenty feet (20') wide, one hundred feet (100') <br /> long, and extended at least twenty feet (20') beyond the permit boundary. The <br /> Division observed that this erosion was caused by channelized stormwater which <br /> flowed down Wildhorse Creek, entered the excavation, and caused a headcut. The <br /> Division summarized that Operator failed to stabilize and protect the affected <br /> lands, which then caused erosional features to affect non-permit lands. The <br /> Division believes these two erosional features are primarily due to the lack of <br /> activity at the site for nearly four (4) years. <br /> 4. On March 25, 2016, the Division mailed the March 9, 2016 inspection <br /> report and a Reason to Believe a Violation Exists and Notice of Board Hearing to the <br /> Operator. The Reason to Believe letter cited the potential violations as the failure <br /> to protect areas outside of the affected land from damage occurring during the <br /> mining operation and failure to stabilize and protect all surface areas of the affected <br /> land as to effectively control erosion, and providing information about the April 27- <br /> 28, 2016 hearing. <br /> CONCLUSIONS OF LAW <br /> 5. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials ("Act"), Article <br /> 32.5 of Title 34, C.R.S. <br /> 6. Under section 34-32.5-116(4)(i) C.R.S., operators are required to <br /> protect areas outside of the affected land from slides or damages occurring during <br /> the mining operation. Operator failed to protect areas outside of the affected land <br /> from slides or damages occurring during the mining operation in violation of section <br /> 34-32.5-116(4)(i), C.R.S. <br /> 7. Under section 34-32.5-116(4)6), C.R.S., operators are required to <br /> stabilize and protect all surface areas of the affected land as to effectively control <br /> erosion. Operator failed to stabilize and protect all surface areas of the affected <br /> land to effectively control erosion in violation of section 34-32.5-116(4)(i), C.R.S. <br /> 8. By violating section 34-32.5-116(4)(i) and (j), C.R.S., the Operator <br /> failed to comply with the provision of the permit that requires the mining operation <br /> to be conducted in accordance with the provisions of the Act. <br /> 9. Pursuant to section 34-32.5-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that a permit violation has occurred. The Board <br /> Phillips County <br /> Rafert Pit/M-2004-052 <br /> MV-2016-029 2 <br />