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i. On November 8, 2016, the Division mailed a signed copy of the Reason <br /> to Believe a Violation Exists letter. The Division's letter provided notice regarding <br /> the alleged violations and information about the December 15, 2016 hearing. <br /> 6. On November 8, 2016, the Operator sent the Division a letter <br /> requesting a postponement of Board items due to health issues. The Operator also <br /> provided an update on the progress being made to rectify the situation. <br /> 7. On November 15, 2016, the Operator sent the Division a letter stating <br /> that a survey had determined that the affected area is less than 13 acres, and the <br /> excavation lies within the original permit boundary, The Operator admitted that <br /> stored equipment. stockpiled topsoil. and stockpiled crushed aggregates remained <br /> outside the permitted boundary, affecting unpermitted land. The Operator <br /> admitted that it is not possible to confine the mine to the original permit boundary-, <br /> and requested further guidance as to how to resolve the issue. <br /> 8. On December 7. 2016, the Operator admitted the violation and agreed <br /> to the Division's recommendations to the Board. <br /> 9. At its December 15, 2016 meeting, the Board accepted the consent <br /> agreement and ordered Operator to, among other things, submit a Conversion <br /> Application to modify the permit/affected area to incorporate the entire disturbed <br /> area within one hundred and eighty days of the effective date the written order, by <br /> July 10, 2017. <br /> 10. On May 23, 2016, the Operator submitted a written request for a 45- <br /> day extension of the decision deadline. <br /> 11. Operator has submitted a Conversion Application. Objections to the <br /> Conversion Application have been received. Additional time is necessary to process <br /> the objections. <br /> 12. The Division does not oppose the Operator's request for an extension <br /> of the decision deadline. <br /> CONCLUSIONS OF LAW <br /> 13. 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. (2016). <br /> Wagner Construction, Inc. <br /> NI-1999-0018 <br /> NIV-2016-061 2 <br />