The Mined Land Reclamation Board on Dec. 17 accepted DRMS staff findings that Oldcastle Southwest Group’s Velarde Pit had affected land outside the approved permit boundary and ordered corrective measures, including submission of an amendment to encompass affected acres. The board approved staff’s recommendation to assess civil penalties but suspend all but the minimum investigation cost if the operator complies; the board extended the standard 90‑day correction period to six months to allow for survey work and amendment submittal.

Amber Gibson of DRMS reviewed historical maps, aerial imagery and inspection findings that showed a persistent discrepancy between parcel boundaries, fence lines and the permit boundary, including a recently used unapproved haul road on the north side of the permit and berms and stockpiles outside the permitted area. Gibson estimated roughly 12–14.7 acres of off‑site impact (variation depends on whether measurement is from fence line or parcel boundary) and said the division recommends a cease‑and‑desist order, an amendment application within the statutory deadlines, and a civil penalty assessment equal to 34 days at $1,000/day ($34,000) with investigative costs of $453.12; DRMS proposed suspending the larger penalty if corrective actions are completed.

Operator counsel and Oldcastle representatives said historical easements and prior permit confusion contributed to boundary ambiguities. Amber Gibson and the operator agreed that a professional survey would be performed; Oldcastle requested up to six months to complete surveying and submit the amendment, citing rural surveyor scheduling constraints. DRMS noted the site’s temporary cessation clock approaching a 10‑year threshold but signaled it would work with the operator on remediation steps and an agreed schedule.

A motion to accept staff recommendations and extend the correction period to six months carried unanimously. The board ordered a cease‑and‑desist for any mining outside the approved boundary except activities approved in writing by DRMS and required the operator to submit an amendment to encompass affected land. The minimum investigation fee remains due immediately by statute; larger penalties will be suspended if the operator meets the corrective timeline.