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9. At the hearing, Mr. Bascom testified regarding the Operator's actions taken as <br />a result of the May 26, 2009 inspection. The Operator undertook temporary actions within <br />hours of the May 26, 2009 inspection. Using five-gallon buckets, the Operator's staff <br />removed slurry from the steep hillside and brought it back up to the property. The silted-in <br />pond was also cleaned up that day. The Operator also ordered new large signs saying <br />"ABSOLUTELY NO DUMPING". These signs were installed a few days later along the <br />edge of the access road and across from the main portal entry. Also, a large marble block <br />was placed in the space where a jersey barrier had been pushed over the edge. The <br />employees were also provided education regarding the proper disposal of marble waste and <br />the use of the sedimentation structure. <br />10. The Division conducted a follow up inspection of the site on August 3, 2009. <br />The August 9, 2009 inspection report states in part that the Operator has "placed hay bales <br />and waddles on a steep slope below the point where sediment was being pushed over the <br />edge as noted in both 2007 and 2009. The temporary structures are at the permit boundary <br />and preventing any further sedimentation from migrating down slope " <br />11. The evidence shows that mine waste material was dumped over the eastern <br />edge of the site and was deposited beyond the permit boundary. Also, unsold marble blocks <br />are stored at an off-site location which is not currently permitted for that use. Therefore, the <br />Operator failed to protect areas outside of the affected land from slides or damage occurring <br />during the mining operation and reclamation. <br />CONCLUSIONS OF LAW <br />12. The Board has jurisdiction over this matter pursuant to §§ 34-32.5-104 through <br />107, and 124 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 />13. Pursuant to § 34-32.5-103 (1), C.R.S., "affected land" is the surface of an area <br />where a mining operation is conducted which is disturbed as a result of an operation. <br />Storage areas are included within the definition of affected land. The stockpiles of unsold <br />marble blocks are located in an area that is not currently within the Operator's permit area. <br />14. Pursuant to § 34-32.5-116(4)(1), C.R.S., the Operator is responsible for <br />protecting areas outside of the affected land from slides or damage occurring during the <br />mining operation and reclamation. Here, the Operator's actions caused marble slurry to be <br />deposited down the hillside and outside of the permit area and into Yule Creek. The <br />Operator caused marble slurry to be deposited outside of the affected land. The Operator <br />also stored unsold marble blocks in an area that was not included within the permit area. <br />Therefore, the Operator is in violation of § 34-32.5-116(4)(1), C.R.S., for failing to protect <br />areas outside of the affected land from slides or damage occurring during the mining <br />operation. <br />15. Pursuant to § 34-32.5-124 (2), C.R.S., the Board may issue a Cease and Desist <br />Order prohibiting any further activities at the site that would further damage areas outside of <br />the affected land. <br />Colorado Stone Quarries, Inc. <br />Yule Marble Quarry <br />M-1999-058 <br />MV- 2009-024