Laserfiche WebLink
4. In a letter dated November 7, 2010, the Operator requested the <br />hearing date be changed to the November 17-18, 2010 Board meeting. At the <br />November 2010 hearing, the Operator agreed to the Consent Agenda and the item <br />was continued until the December 2010 Board meeting. <br />5. On December 9, 2010, the Operator signed a consent agreement in <br />which it admitted the violation and agreed to the Division's recommendations. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to sections 34- <br />32.5-104 through 107, and 124 of the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2010) ("Act"). <br />7. Section 34-32.5-116(4)(1), C.R.S., states that "areas outside of the <br />affected land shall be protected from slides or damage occurring during the mining <br />operation and reclamation." Section 34-32.5-116(4)(j), C.R.S., states that "[a]ll <br />surface areas of the affected land, including spoil piles, shall be stabilized and <br />protected so as to effectively control erosion." The Operator placed overburden <br />mined from the pit onto land outside of the approved permit area. Therefore, the <br />Operator has damaged land outside of the affected land. The Operator failed to <br />protect areas outside of the affected land from slides or damage and a failure to <br />stabilize or protect surface areas to control erosion, which is a violation of sections <br />34-32.5-116(4)(1) and 0), C.R.S. <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 the <br />violation occurs. The Board may impose a penalty based on 44 days of violation <br />(from the October 4, 2010 inspection date to the initial November 17, 2010 hearing <br />date) at $100 to $1,000 per day for a civil penalty of $4,400 to $44,000. <br />9. Pursuant to section 34-32.5-124(2), C.R.S., the Board may also issue a <br />cease and desist order if it determines that the Operator violated any provision of <br />the Act. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby finds the Operator in violation of § § 34-32.5-116(4)(i)and (j),C.R.S., for <br />failing to protect areas outside the affected land from slides or damage occurring <br />during the mining operation, and for failing to stabilize and protect all surface areas <br />to effectively control erosion. <br />The Operator shall CEASE AND DESIST all activities on the unpermitted <br />portions of the site, except for those activities required to prevent damage to off-site <br />GSL/Brush LLC <br />120th Estates Partners, File No. M-2001-085 <br />MV-2010-038 2