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12. On July 17, 2017, the Division mailed the Operator a Reason to Believe <br />a Violation Exists letter, informing the Operator of the possible violation and <br />providing details regarding a hearing on this matter scheduled for August 23, 2017. <br />13. Under Correction Deed dated June 17, 1998 ("Correction Deed"), <br />Operator sold to Wayne and Chris Gently, 35.01 acres of his property and only <br />retained the sand and gravel rights on thL, 25 -yard reserve area north of the <br />southern boundary line of the propi�rty owned by Ms. Hradecky. The reservation in <br />the Correction Deed stated, in relevant part: <br />RESERVING unto Seller all mineral rights, with rights of access <br />thereto. However, Seller reserves the sand and gravel rights <br />only on the 25 yards north of the entire southern boundary line <br />of the above described property together with the rights of <br />access thereto. All sand and gravel rights, that the Seller has <br />outside the 25 yards north of the entire southern boundary line <br />of the above described property are conveyed to the Buyer[.j <br />14. Operator failed to maintain a legal right to enter and conduct mining <br />and reclamation operations on a 2.89 -acre portion of the permit area. <br />15. At the August 23. 2017 hearing, Mr. Schure testified that he has <br />unsuccessfully attempted to secure a ratification of his legal right to enter from <br />Mrs. Hradecky. <br />16. At the August 23, 2017 hearing, Mr. Schure testified that he has not <br />entered nor conducted mining operations on the 2.89 -acre portion of the permit area. <br />17. On October 13, 2017 the Division conducted an inspection of the site. <br />The 3.89 acres owned by Ms. Hradecky were also inspected. The Division noted that <br />the reclaimed slopes of the Hradecky property were stable at 2HAV, vegetative cover <br />appeared well established and capable of self -regeneration, and was at least equal in <br />extent of cover to the native vegetation of surrounding lands. <br />18. The Division determined that the reclamation of the Hradecky property <br />is sufficient for the Operator to submit application for acreage reduction. During the <br />inspection Ms. Hradecky informed the Division she was satisfied with the current <br />state of reclamation on her property. <br />CONCLUSIONS OF LAW <br />19. 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) ("Act"). <br />Kyin A. Schure <br />M-1986-074 <br />AIN7-2017-046 <br />4 <br />