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7. Rule 3.1.5(9) of the Mineral Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for the Extraction of Construction Materials ( "Rules ") requires operators to <br />notify the Division before backfilling with inert structural fill material generated outside of the <br />permit area. The Operator imported inert backfill material without prior notice to the Division. <br />8. Section 34- 32.5 - 124(7), C.R.S. provides for a civil penalty of not Tess than S100 <br />and not more than S1,000 per day for each day during which a violation occurs. The Board may <br />impose a penalty based on 32 days of violation (from the date of the inspection to the November <br />14, 2012 Board meeting). <br />9. Pursuant to section 34- 32.5 - 124(2), C.R.S., the Board may issue a cease and <br />desist order if it determines that the Operator violated any rule. The Operator violated Rule <br />3.1.5(9). <br />Based on the foregoing findings of fact and conclusions of law, the Board hereby finds <br />the Operator in violation of Rule 3.1.5(9) for failing to provide notice to the Division before <br />backfilling with inert structural fill material generated outside of the permit area. <br />The Operator shall CEASE AND DESIST importing inert fill to the site in violation of <br />Rule 3.1.5, <br />The Board imposes against the Operator the following CORRECTIVE ACTION: the <br />Operator shall submit a Technical Revision to the permit application to allow importation of <br />material in accordance with Rule 3.1.5(9). The Board notes that the Operator submitted a Technical <br />Revision on October 12, 2012, which the Division approved on October 15, 2012. <br />The Board imposes a CIVIL PENALTY for 32 days of violation at $100 per day for a <br />civil penalty of 53,200. All but $500 of the civil penalty is suspended if the Operator complies <br />with the corrective action in the time specified. The portion of the total civil penalty not <br />suspended, $500, shall be due and payable within thirty (30) days of the effective date of this <br />Order. <br />DONE AND ORDERED this <br />GSL /Brush LLC <br />120' Estates Partners, File No. M- 2001 -085 <br />MV- 2012 -031 <br />ORDER <br />Tit <br />0 day of A/61/ e m 41/' 2012. <br />FOR THE COLORADO MINED LA <br />RECLAIM TION BOARD.' <br />j / , / / <br />,,- t erine Kraegcr- Rovey, bai -- <br />NOTICE OF APPEAL RIGHTS <br />