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6. On April 15, 2009, the Division conducted an inspection of the site to <br />determine the extent of the disturbance. The inspection revealed that mining activities had <br />occurred in the northern portion of the pit. Equipment and stockpiles of materials were <br />observed at the site. The pit was excavated to a depth ranging between four to eight feet <br />deep. No material had been removed from the permit area of the site. However, about <br />18,000 cubic yards of sand and gravel material were removed from the excavation pit on the <br />site. <br />7. The inspectors traversed the site using a Trimble GeoExplorer Global <br />Positioning System to determine the size of the disturbance. The total disturbed area is <br />approximately 5.27 acres in size. <br />8. On April 23, 2009, the Division issued a field Cease and Desist Order for the <br />pit to the Operator and mailed the Operator a copy of the inspection report and Notice of <br />Hearing for Board Reconsideration of Application Approval. <br />9. On April 23, 2009, the Operator submitted an interim reclamation bond in the <br />amount of $35,527 in a form acceptable to the Division. <br />10. On April 24, 2009, the Division mailed to the Operator a Notice of Possible <br />Violation for Mining Without a Permit. <br />11. Also on April 24, 2009, the Operator submitted to the Division a letter waiving <br />its right to a 30-day notice for a hearing. <br />12. On May 8, 2009, the Operator provided the Division with proof of re- <br />notification. The time-period for public comment ends on June 10, 2009. <br />13. The Operator's representative, Mr. Brocker, testified at the hearing that they <br />were uninformed about what they were doing. The Operator did not realize that the bond <br />was not in place. Mr. Brocker was sorry and apologized to the Board. <br />CONCLUSIONS OF LAW <br />14. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 123 of the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials, §§ 34-32.5-101 through 125, C.R.S. (2008) ("Act"). <br />15. Pursuant to § 34-32.5-103(12), C.R.S., "mining" is defined as the extraction of <br />construction materials. <br />16. Pursuant to § 34-32.5-103(13), C.R.S., a "mining operation" is defined as the <br />development or extraction of a construction material from its natural occurrences on affected <br />land. The term also includes transportation and processing operations on affected land. <br />Here, there was a mining operation at the site. <br />17. Section 34-32.5-109(1), C.R.S., requires an operator to obtain a reclamation <br />permit prior to engaging in a new mining operation and sets forth the applicable procedures. <br />Pursuant to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Glenn E. Sessions & Sons, Inc. <br />M-2007-035 <br />MV-2009-014 <br />2