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BEFORE TI -IE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -031 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY GSL /BRUSH, LLC, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO <br />OBTAIN APPROVAL PRIOR TO IMPORTING INERT FILL, File No. M -2001 -085 <br />THIS MA'T'TER carne before the Mined Land Reclamation Board ( "Board ") on <br />November 14, 2012 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by GSL /Brush, LLC ("Operator "), cease and desist order, corrective actions, and civil <br />penalties for importing fill material without approval, file number M- 2001 -085. <br />The Board, having considered the materials presented and having been otherwise fully <br />informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 112c permit for a 49.1 -acre sand and gravel <br />operation located in Section 35, Township 1 South, Range 67 Nest, 6' Principal Meridian in <br />Adams County, Colorado, permit number M- 2001 -085. The site, known as 120` Estates <br />Partners, is located about six miles south of Brighton, near the intersection of Brighton Road and <br />East 120 Avenue. <br />2. On October 1, 2012, the Division of Reclamation, Mining and Safety ( "Division ") <br />received a complaint alleging importation of inert fill to the site. <br />3. On October 11, 2012, the Division inspected the site. Eric Fenster, on behalf of <br />the Operator, accompanied the Division on the inspection. The Division found approximately <br />1,000 cubic yards of inert fill material along the northeast boundary and additional inert material <br />along the southeast boundary of the site without proper notification to the Division, <br />4. On October 12, 2012, the Division sent the Operator a Reason to Believe a <br />Violation Exists letter. The Division's letter provided notice regarding the alleged violations and <br />information about the November 14, 2012 hearing. <br />5. On November 2, 2012, the Operator admitted the violation asserted by the <br />Division and agreed to the proposed cease and desist order, corrective action, and civil penalty. <br />CONCLUSIONS OF LAW <br />6. The Board has jurisdiction over this matter pursuant to the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. <br />(2010) ( "Act "). <br />