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5. The Division inspected the site on February 18, 2015. Rob Laird, <br />representing the Operator, attended the inspection. The Division observed that <br />recent grading and excavation activity had occurred within the one hundred foot <br />(100) setback area from Boulder Creek. The Division also observed a pile of <br />removed old-growth cottonwood trees. During the inspection, Mr. Laird stated that <br />there had been a misunderstanding with operations personnel regarding the setback <br />distance and that excavations in the area were to create sediment settling ponds. <br />6. After the Division brought the issue of affecting the setback to the <br />Operator's attention, the Operator, prior to the February 18, 2015 inspection, <br />backfilled the excavation within the setback area and was in the process of returning <br />the area to the original grade. <br />7. On March 4, 2015, the Division sent the Operator a Reason to Believe <br />a Violation Exists letter which provided notice regarding the alleged violation and <br />the April 29, 2015 hearing. <br />8. On March 17, 2015, the Operator admitted the violation and agreed to <br />the Division's recommendations to the Board. <br />CONCLUSIONS OF LAW <br />9. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2014). <br />10. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each day during which an <br />operator violates or fails to comply with the conditions of an order, permit, or <br />regulation. By cutting down old-growth cottonwood trees and excavating settling <br />ponds within the setback area from Boulder Creek, the Operator violated conditions <br />of the permit, as amended by Amendment 1. The Board may impose a penalty <br />against the Operator based on seventy-one (71) days of violation (from the February <br />18, 2015 inspection to the April 29, 2015 Board hearing) at $100 to $1,000 per day <br />for a civil penalty of $7,100 to $71,000. <br />ORDER <br />The Board finds the Operator in violation pursuant to section 34-32.5-124(1), <br />C.R.S. for failing to comply with the conditions of permit number M-2004-009. <br />The Operator shall, no later than May 31, 2015, complete the following <br />CORRECTIVE ACTIONS: <br />Asphalt Specialties Co., Inc. <br />M-2004-009 <br />W-2015-004 2 <br />