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<br />vouid conven the post-mining land use to developed water storage, which conflicts with <br />the approved reclamation plan. <br />3. On January 5, 2004, the Division sent to the Operator a Reason to Believe a Violation <br />Exists letter in which the Division set forth the events described above and the reasons for <br />believing violations exist, and announced a date for a public hearing on the matter in front <br />of the Board. <br />4. Section 34-32.5-116(1), C.R.S. (2003) of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials ("Act") requires every operator to whom a permit is <br />issued to perform the reclamation prescribed by the reclamation plan adopted pursuant to <br />the Act. <br />5. Section 34-32.5-116(2) of the Act provides that the details of the approved reclamation plan <br />"shall be appropriate to the type of reclamation necessary to achieve the proposed post- <br />mining land use." <br />6. Section 34-32.5-116(4)(m) of the Act states that reclamation plans and their implementation <br />are required on all affected ]ands and must conform to the listed requirements, including, but <br />not limited to, the requirement that the operator, in consultation with the landowner and <br />subject to the approval of the Board, shall determine which parts of the affected land is to be <br />reclaimed for a specified use. This requirement also gives the Board the option of <br />conferring with local county commissioners or soil conservation district supervisors "before <br />approving a ... change in an existing reclamation plan." <br />7. Section 34-32.5-116(4)(h) of the Act states that reclamation plans and their implementation <br />are required on all affected lands and must conform to the listed requirements, including, but <br />not limited to, the requirement that the operator must minimize disturbances to the <br />