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Excavation in the northern area has concluded and that part of the site has been <br /> regraded, with topsoil stockpiled at the top of the slope for placement and seeding in <br /> the spring. The southern area of the site is in the middle of mining operations, with <br /> benches and small stockpiles on the slope. Mining will continue on the south slope <br /> when activity recommences in the spring. <br /> 4. On December 14, 2022, the Division sent the Operator a Reason to <br /> Believe a Violation Exists letter. The Division's letter provided notice regarding the <br /> alleged violations and informed Operator that the matter had been set for a hearing <br /> at the Board's January 18, 2023 meeting. <br /> 5. At the January 18, 2023 hearing, the Division presented testimony <br /> regarding the site, the activities Operator had conducted on it, and the need for a <br /> reclamation permit given those activities. The Division made several <br /> recommendations regarding this matter, including that the Board find a violation, <br /> impose corrective actions, and assess civil penalties as provided or required by <br /> statute. <br /> 6. At the hearing, Operator generally confirmed the Division's <br /> presentation of its findings. Operator indicated that they were willing to apply for a <br /> reclamation permit and explained that its failure to do so earlier may have been due <br /> to a personnel change. Operator may have also mistakenly believed it did not need <br /> a permit for this site because a previous, similarly sized site did not require a <br /> permit. Operator acknowledged, however, that unlike the present site, borrow <br /> material for that previous site did not leave its boundaries. Operator supported the <br /> Division's recommendations. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Mined Land Reclamation Act, Article 32.5 of Title 34, C.R.S. (2022) ("Act"). <br /> 8. The material that the Operator removed at the site constitutes <br /> "construction material" as that term is defined in section 34-32.5-103(3), C.R.S. The <br /> extraction of construction materials and hauling them off-site constitutes a "mining <br /> operation" as that defined in section 34-32.5-103(13), C.R.S., and the land disturbed <br /> by the mining operation is "affected land" under section 34-32.5-103(1), C.R.S. <br /> 9. Section 34-32.5-109(1), C.R.S., provides that an operator must obtain a <br /> reclamation permit prior to engaging in a new operation. By extracting <br /> construction materials and transporting them off-site, the Operator engaged in a <br /> new mining operation without first obtaining a reclamation permit, in violation of <br /> section 34-32.5-109(1), C.R.S. <br /> IHC Scott, Inc. <br /> M-2022-051 <br /> MV-2023-002 2 <br />