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boundaries. Mr. Ebert described two areas outside the permit boundary where <br />raining activities had occurred. The first area consisted of fourteen acres to the <br />north where a processing plant, stockpiles, a scale and scale house, fuel storage, <br />parking, and some excavations were located. The second area reflected <br />approximately one acre to the south where two access roads were located and the <br />area had been stripped in advance of mining. The Operator did not have the permit <br />boundaries marked and was unclear as to where exactly the boundaries were. The <br />Division also presented testimony that the processing plant and scale house could <br />be included in a reclamation plan as a post -mining industrial area designed to <br />continue operations after the life of the mine had ended. <br />5. Steve O'Brian with Environment, Inc. presented testimony on behalf of <br />Operator. Mr. O'Brian testified that the scale house and batch plant were excluded <br />from the original permit application and that aggregate materials from both the site <br />and other sites are used at the batch plant. The area to the south of the permitted <br />area had previously been used as part of asphalt and concrete recycling operations. <br />Mr. O'Brian also testified that the Operator had requested a survey of the site but <br />that it had not been completed. The Operator conceded that if the excavations the <br />Division described were outside the approved permit area, there was a violation. <br />CONCLUSIONS OF LAW <br />6. 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. (2017). <br />7. Affected land includes areas of disturbed surfaces and "work, parking <br />storage or waste discharge areas; and areas in which structures, facilities, <br />equipment, machines, tools or other materials or property which result from or are <br />used in such operations are situated." Rule 1.1(3). The disturbed areas and the <br />buildings identified by the Division are affected land under Rule 1.1(3). <br />8. "An operator who mines substantial acreage beyond the approved <br />permit boundary may be found to be operating without a permit." C.R.S. § 34-32.5- <br />123(2), C.R.S. Operator's mining disturbance of land outside the permit boundary, <br />affecting more than fifteen acres, constitutes mining substantial acreage beyond the <br />approved permit boundary for permit number M-1976-056. <br />9. By mining substantial acreage beyond the approved permit boundary, <br />Operator engaged in a mining operation without first obtaining a reclamation <br />permit, in violation of section 34-32.5-109(1), C.R.S. <br />10. Pursuant to section 34-32.5-123(2), C.R.S., the Board may impose a <br />civil penalty of not less than $1,000 per day nor more than $5,000 per day for each <br />McAtee Construction Company <br />M-1976-056 <br />MV -2018-014 2 <br />