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CONCLUSIONS OF LAW <br />12. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2011) ( "Act "). <br />13. Under section 34- 32.5- 116(1), C.R.S., operators are required to perform <br />the reclamation prescribed by the reclamation plan adopted pursuant to [the Act]." <br />Under Rule 3.1.5(9) of the Mineral Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for the Extraction of Construction Materials, 2 C.C.R. 407- <br />4 ( "Rule" or "Rules "), an operator is required to perform the reclamation prescribed <br />by the permit and to notify the Division if it intends to backfill inert structural fill <br />generated outside of the approved permit area. The Operator failed to perform the <br />reclamation as prescribed by the reclamation plan and failed to notify the Division <br />that it intended to import backfill material. <br />14. 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 a <br />violation occurs. The Board may impose civil penalties against the Operator for <br />65 days for violation (from the June 6, 2012 inspection date to the August 9, 2012 <br />hearing date). <br />15. Pursuant to section 34- 32.5 - 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act was violated. The <br />Operator violated section 34 -32.5- 116(1), C.R.S. (2011). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of the Act pursuant to section 34- 32.5- 116(1), C.R.S. for <br />failure to perform reclamation activities prescribed by the reclamation plan comply <br />with an order, permit, or regulation. <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of Rule 3.1.5(9) for failure to notify the Division prior to <br />importing backfill material. <br />The Operator shall CEASE AND DESIST from further importation of material <br />into the Bucklen Pit until the Operator complies with this Order and Rule 3.1.5(9). <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />A. The Operator shall, within sixty (60) days of the effective date of this <br />Order, submit an interim financial warranty in the amount of $52,700 <br />in a form acceptable by the Division, and <br />Bucklen Equipment Company, Inc. <br />Bucklen Pit, M- 1982 -131 <br />MV -2012 -025 <br />3 <br />