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Brannan Sand and Gravel Company, L.L.C. <br /> October 24, 2014 <br /> Page 2 of 3 <br /> September 26, 2014 — DRMS issued an RTB letter for failure to follow the approved reclamation plan <br /> and failure to protect areas outside the affected land from damage. <br /> REASON FOR VIOLATION. <br /> A pipeline was constructed outside of the approved affected area and permit boundary. The pipeline <br /> supports the mining operation. The Operator also failed to follow the approved mine plan by dewatering <br /> from the pit and discharging the water through the pipeline into the South Platte River. <br /> STAFF RECOMMENDATION.• <br /> Violation: <br /> Find a violation of: C.R.S. 34-32.5-116(1) for failure to follow the approved reclamation plan and <br /> C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from damage. <br /> Corrective Action(s): <br /> Submit in approvable form to DRMS a Permit Amendment within 60 days of the mailing date of the <br /> Board Order. The permit amendment shall incorporate the following into the approved permit: <br /> a) All structures that support mining activities and support the post-mining land use related to the <br /> violation. <br /> b) All lands that were disturbed during the construction of the pump house and the adjacent <br /> inlet/outlet structure and pipeline. <br /> Civil Penalty: <br /> Pursuant to C.R.S. 34-32.5-124(7) a person who violates any provision of a permit issued under C.R.S. <br /> 34-32.5-116(1) and C.R.S. 34-32.5-116(4)(i) shall be subject to a civil penalty of not less than $100.00 <br /> per day, nor more than $1,000.00 per day for each day during which such violation occurs. In this <br /> matter, the Board may assess a civil penalty of $4,100.00 to $41,000.00 for 41 days of violation at <br /> $100.00 to $1,000.00 per day. <br /> Find a civil penalty of$500.00 per day of violation for 41 days for the time period extending from the <br /> date of the inspection (September 18, 2014) to the date of this Board Hearing (October 29, 2014), for a <br /> civil penalty amount of$20,500.00, with all but $2,050.00 suspended if the Operator complies with the <br /> corrective action. <br /> Payment of a civil penalty is due within thirty (30) days of the date the signed Board Order is mailed, <br /> unless otherwise specified by the Board in the Board Order. <br />