Laserfiche WebLink
9. The Division also presented testimony regarding past stability issues <br />with the slope. The slope had experienced failures in 2008, 2018, and 2017 in <br />addition to the 2018 slide. The Division acknowledged that Operator has been <br />cooperative and appears to be taking the necessary steps to correct the slope <br />stability issues going forward. <br />10. At the hearing, Jeff Keller, president of Operator, testified that the <br />slope had been stable until after the Operator was required to install erosion and <br />storm water controls on the slide area in the late 1990's and early 2000'x, with small <br />slides occurring afterwards. Mr. Keller described the slide as affecting 1.9 acres <br />outside the permit boundary, with the rest of the 5.25 acres of offsite impact <br />resulting from the removal from the road and stockpiling of slide debris. Mr. Keller <br />testified that Operator owns the land where the debris is being stockpiled and that <br />they will amend the permit to include that area. <br />11. Mr. Opperman also testified on behalf of Operator. Mr. Opperman <br />described the timeline of the slide and acknowledged that the Division had <br />contacted Operator before they had contacted the Division. Mr. Opperman also <br />acknowledged that the slide had gone outside the boundary of Operator's permit. <br />He testified that the area where the slide debris was moved to was flat ground that <br />constituted the safest place to move the material and that its location would serve <br />as a buttress against the slope along the ridge. Mr. Opperman testified that he had <br />offered to the Division to move the debris to land within the permit boundary but <br />was told by Division representatives that the area where the debris was stockpiled <br />made sense and that because the Operator was already in violation, it should <br />consider filing an amendment to its permit. <br />12. Operator presented testimony from its consultants regarding its efforts <br />to address slope stability and prepare an amendment to the permit to extend the <br />permit boundary and deal with slope stability. Operator has submitted a technical <br />revision regarding its efforts to determine slope stability, which was approved, and <br />is undertaking that work. Operator is working on assembling the data for the <br />amendment. <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. (2018) (the "Act"). <br />14. The Operator is engaged in a "mining operation" as that term is <br />defined in section 34-32.5-103(13), C.R.S. <br />Asphalt Paving Company, <br />Ralston Quarry/M-1974-086 <br />W-2018-035 <br />