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Consent Agreement <br />Page 2 <br />November 21, 2016 <br />CHRONOLOGY. (coni} <br />October 14, 2016 - The Division receives a formal objection. <br />October 24, 2016 - The Division sends Notification of Findings letter. The Division reviewed <br />the objection merits and began verifying figures for a response. The Division measured the <br />affected areas using 2014 aerial imagery of the site and Google Earth Pro software. The Division <br />also overlaid the 2016 annual report map over satellite imagery. Neither the permit boundary <br />shape nor acreage matched the approved permit. The Division found the Operator has affected <br />approximately 15.1 acres, or 5.36 acres beyond the maximum allowed disturbance of 9.74 acres. <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 />November 8, 2016 - The operator sends the Division Director a letter requesting a postponement <br />of board items due to health issues. He also gives and update on progress being made to rectify <br />the situation. <br />November 15, 2016 - The operator sends the Division a letter stating that the survey has <br />determined that under 13 acres has been affected and requested guidance moving forward. <br />REASON FOR VIOLA TION: <br />The Operator has affected approximately 5.36 acres outside of the permit boundary. It is the <br />Operator's responsibility to protect areas outside of the affected land from slides or damages <br />occurring during the mining and reclamation operation. Pursuant to C.R.S. § 34-32.5-123(2), an <br />operator who mines substantial acreage beyond the approved permit boundary may be found to <br />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 />