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outside of the affected land from slides or damage occurring during the mining <br /> operation. <br /> 4. On November 28, 2023, the Division inspected the site again with the <br /> Operator and the landowner of the majority of the permit site. The Division <br /> determined that there was an additional .34 acres of off-site disturbance in addition <br /> to the areas noted in the previous inspection. The total off-site disturbance was <br /> estimated at .96 acres. <br /> 5. On January 16, 2024, the Division mailed the Operator a Reason to <br /> Believe a Violation Exists Letter, informing the Operator of the possible violation <br /> and providing details regarding a hearing on this matter scheduled for February 21- <br /> 22, 2024. <br /> 6. At the hearing, the Division presented testimony regarding the <br /> potential violations observed during its inspections. The Division presented <br /> testimony and evidence regarding the disturbed areas, the approved permit <br /> boundaries, and photos demonstrating that Operator had affected lands beyond the <br /> permit boundaries. The Division also presented testimony regarding the <br /> requirement to include existing roads that are upgraded during the mining <br /> operation, as well as structures and facilities used in the mining operation, as <br /> affected land under a permit. The Division also presented testimony regarding <br /> boundary markers and addressed the Operator's position that the boundary <br /> markers, when evaluated properly, reduced the area of land affected beyond the <br /> permit boundaries. The Division stated that even with Operator's view of the <br /> boundary markers, off-site land has still been affected, though the total would drop <br /> to approximately .8 acres. <br /> 7. The Operator presented testimony regarding the site, including that <br /> the area boundary markers were consistent with the permit when viewed from their <br /> GPS coordinates. Regarding the road and improvements to it, Operator presented <br /> testimony that the road was preexisting and that the scale had been located there <br /> throughout the permit's life with no objection from the Division during previous <br /> inspections. The scale foundation is on land owned by the Operator and would <br /> remain after final reclamation is completed. <br /> CONCLUSIONS OF LAW <br /> 8. 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. (2023) (the "Act"). <br /> 9. 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 /> Tamrock Gravel LLC <br /> Shot Rock Pit/M-2012-023 <br /> MV-2024-009 2 <br />