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outside the permitted area appeared to have been stripped of material using a dozer <br /> with that material then being pushed into the permitted area to fill Pond 1. <br /> Material also appeared to have been loaded into and then transported by truck. <br /> 5. The Division's June 27, 2023 inspection report was signed on August 7, <br /> 2023 and mailed to Operator. <br /> 6. On August 8, 2023, the Division mailed Operator a Reason to Believe a <br /> Violation Exists letter and Notice of Board Hearing citing the potential violation as <br /> the failure to obtain reclamation permit prior to engaging in a new operation on the <br /> basis that Operator had affected more than two acres beyond the permit boundary. <br /> 7. At the September 20, 2023 hearing, the Division provided testimony <br /> regarding the site, the nature of the disturbance beyond the site's permit boundary, <br /> and the substantial acreage affected beyond the boundary. <br /> 8. Operator also provided testimony at the hearing through Peter <br /> Wayland, a consultant. Mr. Wayland testified that the area excavated beyond the <br /> permit boundary had been affected in 2013 by flooding and contained alluvial <br /> deposits from those floods. Operator's water attorneys advised it to backfill a pond <br /> on the site to expose less groundwater as part of the ongoing Water Court <br /> proceedings to approve Operator's water augmentation plan. Operator used the <br /> alluvial deposits from the 2013 flooding to fill the pond and did not realize they <br /> were beyond the permit boundaries. Operator agreed to comply with the Board's <br /> decision, including corrective actions requested by the Division. <br /> CONCLUSIONS OF LAW <br /> 9. The Board has jurisdiction over this matter pursuant to the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials ("Act"), Article <br /> 32.5 of Title 34, C.R.S. <br /> 10. Pursuant to section 34-32.5-123(2), C.R.S., an operator who mines <br /> substantial acreage beyond an approved permit boundary may be found to be <br /> operating without a permit. The Operator affected approximately 4.7 acres of land <br /> outside the approved permit boundary. <br /> 11. Before engaging in a new mining operation, an operator must first <br /> obtain a reclamation permit from the Board or the Division. section 34-32.5-109(1), <br /> C.R.S. By affecting 4.7 acres beyond the permit boundary, Operator has engaged in <br /> a new mining operation without first obtaining a reclamation permit, in violation of <br /> section 34-32.5-109(1), C.R.S. <br /> Coulson Excavating Company, Inc. <br /> Kirtright Pit/M-1986-123 <br /> W-2023-012 2 <br />