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4. Briefly, the Board found that the Operator dumped marble slurry over the edge <br />of the property and some of the sediment ended up beyond the permit boundary and in the <br />Yule Creek. Also, the Operator had not adequately maintained sedimentation controls. <br />5. The Board imposed a $4,600 civil penalty and a Cease and Desist Order <br />prohibiting further site activities that would damage the prevailing hydrologic balance and <br />prohibiting surface deposition of marble fines until the completion of the corrective actions. <br />The Board ordered the following corrective actions: <br />a. post a $15,000 interim bond increase within 30 days of the signed Board <br />Order; <br />b. provide all materials necessary to allow Division approval of a technical <br />revision of the reclamation permit within 45 days of the signed Board Order <br />addressing the sedimentation control plan, including structural designs, <br />construction details, a schedule of compliance, and if necessary engineer <br />certifications for designs; and <br />c. provide as-built drawings and engineer certifications for structures addressed <br />in (b) above. <br />6. The Operator posted the $15,000 interim bond increase and paid the $4,600 <br />civil penalty on September 22, 2009. <br />7. On October 1, 2009, the Operator submitted a request for an extension of time <br />to complete the Board Ordered corrective actions. The Operator wrote: <br />We have been working with our engineering consultant, and the scope of the <br />work has increased substantially. The more in depth we go into designing the <br />solution, we find that our extreme terrain posses [sic] technical difficulties that <br />we did not expect. Because of this we are conducting a detailed survey of the <br />whole area and will need to start the design from scratch with the new data. <br />8. At the October 2009 hearing, Mr. Doucet testified that the process poses <br />significant engineering challenges. The Operator may have to reconstruct the road into the <br />affected land. The Operator will be able to control the spring run off with temporary <br />measures. <br />9. The Division does not object to granting an extension of time if the Operator <br />complies with the September 4, 2009 Cease and Desist Order, and properly maintains the <br />temporary measures installed to minimize the mining operation's off-site and hydrologic <br />impacts until permanent controls can be implemented. <br />10. Based on the testimony and evidence offered at the October 2009 hearing it is <br />appropriate and within the Board's discretion to grant an extension of time. <br />Colorado Stone Quarries, Inc. <br />Yule Marble Quarry 2 <br />Order Granting Extension of Time <br />MV-2009-023, File No. M-1999-058