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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 PETITION FOR DECLARATORY <br />ORDER, File No. M-2001-085 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />April 13, 2011 in Denver, Colorado for consideration of petition for declaratory <br />order, file number is M-2001-085. Lester A. Ewegen appeared on behalf of <br />GSL/Brush LLC ("Operator"). David Bird appeared on behalf of the Division of <br />Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the materials presented, the parties' <br />presentations, 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 six miles south of Brighton, <br />near the intersection of Brighton Road and East 120th Avenue. <br />2. On December 15, 2010, the Board considered and approved a consent <br />agreement between the Operator and the Division. Consistent with the consent <br />agreement, the Board (a) found the Operator in violation of §§ 34-32.5-116(4)(i) and <br />0), C.R.S.; (b) ordered the Operator to cease and desist all activities on the <br />unpermitted portions of the site, except for those activities required to prevent <br />damage to off-site areas or to protect human health, property, or the environment <br />until the Operator complies with the order; (c) ordered the Operator to submit a 112 <br />Construction Materials Amendment Application to expand the permitted area to <br />include the newly disturbed area; and (d) imposed a total civil penalty of $10,000, <br />suspending all but $1,000 if the Operator timely complies with the corrective action. <br />The Board's written order was dated January 5, 2011 ("Order"). <br />3. By letter dated March 27, 2011, the Operator requested approval to <br />remove material from the unpermitted portions of the site.