2016-10-21_ENFORCEMENT - M1981004

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3. The Division's April 14, 2016 inspection report detailed problems or possible violations for failure to maintain adequate financial warranty,failure to comply with the mining plan in the permit,presence of noxious weeds on-site,and missing or incorrectly placed boundary markers. The inspection report required the Operator to (a) submit a Technical Revision by May 31, 2016 to update the mining plan, (b) implement a weed control plan and provide proof of same to the Division by May 6, 2016; and (c) conduct a survey of the site and replace boundary markers in the correct locations by May 31, 2016. The inspection report noted that the inadequacy of the financial warranty would be addressed separately. 4. The Division recalculated the required financial warranty for the site to be $100,350,an increase of$99,050 over the current financial warranty amount of$3,120. At the hearing,the Division testified that the financial warranty had not been adjusted since the permit was issued in 1981. 5. On June 16, 2016,the Division sent Operator written notice of the financial warranty increase,notifying Operator of the amount of the increase and that the increased amount was due within sixty (60) days,by August 15, 2016. 6. Operator did not submit the financial warranty increase by August 15, 2016 or at any time since. 7. On August 15, 2016, Operator submitted a survey plat of the site. The survey plat indicated that the operation extended beyond the eastern permit boundary and affected approximately 0.75 acres of land outside the permit boundary,including a 440-foot high- wall. 8. On August 24, 2016, the Division mailed a Reason to Believe a Violation Exists and Notice of Board Hearing letter to the Operator. The letter identified failing to maintain a financial warranty in good standing,failing to protect areas outside of the affected land from slides or damage,and failing to comply with conditions of a permit(specifically,the mining plan) as the violations to be considered by the Board at its September 28-29, 2016 regularly scheduled meeting. CONCLUSIONS OF LAW 9. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials,Article 32.5 of Title 34, C.R.S. (2016) ("Act"). 10. Finder section 34-32.5-116(4)(i), C.KS., operators are required to protect areas outside of the affected Iand from slides or damage occurring during the mining operation and reclamation. Operator affected approximately 0.75 acres of land outside the boundary of the permit area. Dilley's Sand and Gravel Ayers Pit J M-1981-084 MV-2016-051 2