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property for several weeks. Mr. Kirby also notified the Division that he had observed the <br />Operator conducting backfilling activities at the Speer Mining site in recent months.' <br />3. The Division conducted an inspection of the Speer Mining site on March 25, <br />2009. Division staff David Bird and Tony Waldron met with Rob Laird, the Land Manager <br />for the Operator, at the site. Mr. Laird stated that backfilling started at the site in February <br />2008. The backfill consists of overburden and other material imported from another pit. <br />4. Subsequent research of the file revealed that the Division was not notified of <br />the intent to import backfill to the Speer Mining site. <br />5. The Division sent the Operator a Reason to Believe a Violation Exists letter <br />("Reason to Believe letter") and the Inspection Report on April 9, 2009. The Reason to <br />Believe letter notified the Operator of the possible violation of the law and regulation <br />discussed below. <br />6. The Operator's current reclamation plan does include backfilling in <br />conjunction with water storage, but the plan does not include importation of off-site fill. <br />7. The Operator did not notify the Division of the changes in the reclamation <br />plan. <br />8. The Operator failed to provide the required notice to the Division for the <br />importation of backfill material and an affidavit of inert fill for the Speer Mining site. <br />9. Rob Laird testified on behalf of the Operator. Mr. Laird did not deny the <br />importation of backfill materials to the Speer Mining site. <br />10. Mr. Laird was not familiar with the regulation regarding the importation of <br />backfill materials. <br />11. Mr. Laird has the certificate of inert fill and will submit it as part of the <br />reclamation plan. <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 § 34-32.5-116(1), C.R.S., an Operator who holds a permit must <br />"perform the reclamation plan adopted pursuant to this section." The importation of off-site <br />backfill materials was not a part of the Operator's reclamation plan for the Speer Mining site <br />Therefore, the Operator violated § 34-32.5-116(1), C.R.S. <br />14. Additionally, the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials ("Construction Rules"), <br />Rule 3.1.5 (9) sets forth requirements regarding backfill materials. Construction Rule 3.1.5 <br />' The Operator's disturbance of the prevailing hydrologic balance in the area was heard as a separate matter at the <br />May 13, 2009 Board meeting. The Board issued a separate Board Order for the violations in MV No. 2009-016. <br />Asphalt Specialties <br />Speer Mining Resource Pit <br />M-1983-176 <br />MV- 2009-015