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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-038 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF GSL/BRUSH LLC'S POSSIBLE VIOLATION, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO PROTECT AREAS OUTSIDE OF THE AFFECTED LAND FROM <br />SLIDES OR DAMAGE AND FAILURE TO STABILIZE AND PROTECT <br />SURFACE AREAS, File No. M-2001-085 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />December 15, 2010 in Denver, Colorado as a consent agenda item to consider a <br />possible violation, cease and desist order, corrective actions, and civil penalties for <br />failing to protect areas outside of the affected land from slides or damage occurring <br />during the mining operation, and failure to stabilize and protect all surface areas of <br />the affected land, including spoil piles, so as to effectively control erosion. The file <br />number is M-2001-085. There were no appearances on behalf of GSL/Brush LLC <br />("Operator"). David Bird appeared on behalf of the Division of Reclamation, Mining <br />and Safety ("Division"). <br />The Board, having considered the materials presented with this consent <br />agenda item and having been otherwise fully informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 112c permit for a 49.1-acre sand and <br />gravel operation located in Section 35, Township 1 South, Range 67 West, 6th <br />Principal Meridian in Adams County, Colorado, permit number M-2001-085. The <br />site, known as 120th Estates Partners, is located about 6 miles south of Brighton, <br />near the intersection of Brighton Road and East 120th Avenue. <br />2. On October 4, 2010 the Division conducted an inspection of the <br />operation and found the Operator had placed overburden mined from the pit onto <br />land that is outside of the approved permit area. <br />3. On October 22, 2010 the Division sent the Operator a Reason to <br />Believe a Violation Exists letter. The Division's letter provided notice regarding the <br />alleged violations and information about the December 15, 2010 hearing. <br />GSL/Brush LIX <br />120th Estates Partners, File No. M-2001-085 <br />MV-2010-038