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beneath Highway 85. The discharge was not authorized by CDOT. This occurred during <br />the weekend of May 6 and 7, 2006. CDOT concerns were expressed in a letter from Mr. <br />Griese to the Division dated May 10, 2006. Other adjacent landowners also complained to <br />the Division about the discharge and its impacts to their adjoining property. <br />3. On May 9, 2006, a Division inspector inspected the site. The inspector observed <br />photographs of the site taken by CDOT representatives on May 6, 7 and 8 and noted <br />excessive erosion of the drainage channel that the Operator was stabilizing as part of the <br />mining and reclamation plan. The inspector also noted excessive sedimentation of <br />drainage waters that had pooled up at the bottom of the drainage channel. At the time of <br />the inspection, the Operator was in the process of cleaning out the excess sedimentation <br />with heavy equipment. The Operator was discharging muddy water and sediment outside <br />of the approved permit boundaries and onto an adjacent property owned by Tony Finley. <br />In addition, the Division inspector noted that the property line separating the approved <br />permit boundaries and adjacent property owned by Mr. Finley was not adequately marked. <br />The inspection report recommended several corrective actions, including submitting a <br />boundary survey, conducting a field survey to establish boundary mazkers, removing <br />sediment from Mr. Finley's property, revegetating disturbed azeas, backfilling, grading and <br />stabilizing disturbed areas, and submitting evidence verifying completion of the tasks. <br />4. On June 7, 2006, the Division sent to the Operator a Reason to Believe a Violation Exists <br />letter in which the Division set forth the events described above. In its letter, the Division <br />announced a date for a public hearing on the matter in front of the Board. <br />5. Section 34-32.5-116(4)(1) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials, Section 34-32.5-101 et seq. C.R.S. (2005) ("Act") and Construction <br />SW TKO NOV <br />M-2004-078 <br />