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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2014 -036 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF POSSIBLE VIOLATIONS BY BRANNAN SAND AND <br />GRAVEL COMPANY, LLC, CORRECTIVE ACTIONS, AND CIVIL PENALTIES <br />FOR FAILING TO FOLLOW APPROVED RECLAMATION PLAN AND FAILING <br />TO PROTECT AREAS OUTSIDE THE AFFECTED LAND FROM DAMAGE, <br />File No. M- 1980 -183 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on October 29, 2014, in Denver, Colorado for a hearing to consider possible violations <br />by Brannan Sand and Gravel Company, LLC ("Operator"), corrective actions, and civil <br />penalties for failing to follow the approved reclamation plan and failing to protect <br />areas outside the affected land from damage, permit number M- 1980 -183. First <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br />Reclamation, Mining, and Safety ( "Division "). Eugene J. Riordan, Esq., Vranesh <br />and Raisch, LLP, appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for a 176.24 -acre sand <br />and gravel operation, permit number M- 1980 -183. Located in Section 35, Township <br />1 South, Range 67 West, Adams County, Colorado, the site is known as Pit 29. <br />2. On July 31, 2014, the Division inspected the site in response to <br />reported flooding in a pasture adjacent to Pit 29 that is owned by Norm Einspahr. <br />Theran Olsen and Gerardo Orozco attended the inspection on behalf of the <br />Operator. Mr. Einspahr was also present during the inspection. The Division found <br />that the flooded area was approximately one to two acres and that the maximum <br />water depth was several feet in the lowest part of the pasture. Based on its <br />observations, the Division concluded that alluvial groundwater was the main source <br />of flooding in the pasture. The Division required the Operator to complete a <br />corrective action: submission of a groundwater mounding mitigation plan as either <br />a Technical Revision or Amendment to the permit by August 20, 2014. - <br />3. On September 18, 2014, the Division re- inspected the site and the <br />surrounding area. Louis Bustamante attended the inspection on behalf of the <br />Operator. The Division observed that Mr. Einspahr's pasture remained flooded <br />