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fence had been replaced to prevent any further mining after the Division had <br /> contacted Yuma County Road and Bridge. <br /> 4. On September 27, 2023, the Division sent the Operator and the <br /> landowners a Reason to Believe a Violation Exists letter. The Division's letter <br /> provided notice regarding the alleged violations and informed Operator that the <br /> matter had been set for a hearing at the Board's November 15-16, 2023 meeting. <br /> 5. On November 2, 2023, the Division received a letter from the Yuma <br /> County Board of County Commissioners, signed by Mr. Andersen, stating that <br /> Operator would agree to obtain a reclamation permit for the site and reclaim the <br /> disturbed area. <br /> 6. At the November 15, 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 /> 7. At the hearing, Operator generally confirmed the Division's <br /> presentation of its findings. Operator indicated that it was willing to apply for a <br /> reclamation permit and correct the violation. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2023) ("Act"). <br /> 9. 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 /> 10. 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 /> 11. Pursuant to section 34-32.5-123(1), C.R.S., the Board may issue a cease <br /> and desist order when it finds that an operator has failed to obtain a valid permit. <br /> Yuma County Road and Bridge <br /> M-2023-027 <br /> MV-2023-020 2 <br />