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2. On October 25, 2005, the Division inspected the site. The Division inspector was <br />operating under the working assumption that the site consisted of 9.92 acres, based on <br />correspondence, maps and other materials in the Division files. Due to conditions <br />observed during the inspection, the Division asked Aspen Enterprises to post new <br />boundaries, identify new structures within the existing permit boundaries not identified in <br />previous permit documents, submit a revised mining plan and update the reclamation bond. <br />3. After reviewing the inspection report, Aspen Enterprises met with the Division on <br />February 2, 2006 and self-reported a potential violation for mining outside of the approved <br />permit boundaries. At that point, the Division reviewed its records and discovered that the <br />permitted acreage consisted of 6.663 acres, not 9.92 acres. <br />4. On February 13, 2006, the Division sent to Aspen Enterprises a Reason to Believe a <br />Violation Exists letter in which the Division set forth the events described above. <br />5. On February 16, 2006, the Board held a hearing to consider possible violations of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34- <br />32.5-101 er seq. C.R.S. (2006) ("Act"). Based on evidence presented at the hearing, the <br />Board found Aspen Enterprises in violation of Section 34-32.5-116(4)(1) of the Act for <br />failing to protect areas outside of the affected land from slides or damage during mining <br />operations, The Board ordered Aspen Enterprises to cease and desist from conducting <br />mining and any mining-related activities outside of the approved 6.663-acre permit azea, <br />except for reclamation activities, until such time as any off-site area was included in an <br />approved reclamation plan. The Board ordered Aspen Enterprises to submit a complete <br />permit amendment within ninety (90) days of the signature date of the Board order. The <br />permit amendment was to include a stability assessment prepazed by a professional <br />Aspen Ente~prises/Elk Creek Revised Order <br />September 13, 2006 <br />