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6. On March 13, 2023, the Operator signed the consent agreement <br /> admitting the violations and agreed to the Division's recommendations to the <br /> Board. <br /> CONCLUSIONS OF LAW <br /> 7. 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. (2022). <br /> 8. 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 using material from the site for a project other than the I-25 CDOT <br /> Contract, Operator violated its permit. The Board may impose a penalty against <br /> the Operator based on 36 days of violation at $100 to $1,000 per day for a civil <br /> penalty of$3,600 to $36,000. <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-2022-006. <br /> The Operator shall complete the following CORRECTIVE ACTION: <br /> Operator must ensure all future material removed from the site will be used for the <br /> sole purpose of supplying material for the 1-25 CDOT Contract as provided in <br /> Exhibit K of the approved permit application for Permit No. M-2022-006. <br /> The Board imposes a CIVIL PENALTY for 6 days of violation at $1000 per day <br /> for a total civil penalty of$6,000. <br /> DONE AND ORDERED this 2nd day of June 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill Nels Chair <br /> SEMA Construction, Inc. <br /> M-2022-006 <br /> MV-2023-004 2 <br />