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Consent Agreement <br /> Page 2 <br /> November 22, 2016 <br /> CHRONOLOGY.• (con't) <br /> October 14, 2016 - The Division received the corrective action which required that the site be <br /> surveyed. The map depicted that 9.44 acre is currently affected and an additional 1 acre had been <br /> affected but was deemed reclaimed. The original permit boundary was 5 acres. <br /> October 27, 2016 - The Division conducted a follow up inspection of the Fedinec Pit. Field <br /> conditions were compared to the map submitted on October 14, 2016. The Division found that <br /> areas identified as reclaimed did not meet the requirements of the approved reclamation plan or <br /> the Rules and therefore would need to also be permitted. <br /> November 2, 2016—The Division mailed a signed copy of the inspection report. <br /> November 8,2016 -The Division mailed a signed copy of the Reason to Believe a Violation <br /> Exists and Notice of Board Hearing letter. <br /> REASON FOR VIOLATION. <br /> The Operator has affected approximately 5.44 acres outside of the permit boundary for a total of <br /> 10.44 acres affected to date. It is the Operator's responsibility to protect areas outside of the <br /> affected land from slides or damages occurring during the mining and reclamation operation. <br /> Pursuant to C.R.S. § 34-32.5-123(2), an operator who mines substantial acreage beyond the <br /> approved permit boundary may be found to be operating without a permit. <br /> STAFF RECOMMENDATION.• <br /> Violation: <br /> Find a violation of C.R.S. § 34-32.5-109(1) for failure to obtain from the board or office a <br /> reclamation permit prior to engaging in a new operation. <br /> Cease and Desist Order: <br /> Issue a Cease and Desist order for any additional disturbances outside of the existing operations <br /> footprint until all required corrective actions are completed. <br />