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despite no recent significant rainfall in the area. The Division observed that the pit <br />was being dewatered in a manner that was different from the manner approved in <br />the reclamation plan: pit water was being pumped into a vault underneath a pump <br />house, and eventually exited into the South Platte River; and apump house was <br />built in the southwestern corner of Mining Area H. The Division also observed that <br />the Operator was pumping water from the bottom of the pit in Mining Area II <br />through pipelines that extended outside the western permit boundary. <br />4. On September 26, 2014, the Division mailed its September 18, 2014 <br />inspection report and a Reason to Believe a Violation Exists letter to the Operator. <br />The letter notified the Operator that the matter would be considered at the October <br />29, 2014 Board meeting. <br />5. On October 29, 2014, the Operator admitted in writing to violating <br />sections 34- 32.5- 116(1) and (4)(i), C.R.S. and agreed to the Division's recommendations <br />to the Board. <br />CONCLUSIONS OF LAW <br />6. 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. (2014). <br />7. Every operator is required to perform the reclamation prescribed by <br />the adopted reclamation plan. C.R.S. § 34- 32.5- 116(1) (2014). The Operator failed <br />to follow the reclamation plan approved for the site by (a) dewatering from the pit, <br />and (b) discharging the water through a pipeline into the South Platte River. <br />8. Operators must protect areas outside of the affected land from slides or <br />damage during the mining operation and reclamation. C.R.S. § 34- 32.5 - 116(4)(1) <br />(2014). The Operator failed to protect areas outside the permit boundary by <br />constructing and conveying water through a pipeline beyond the western boundary <br />of the permit area. <br />9. Pursuant to section 34- 32.5- 124(7), C.R.S. the Board may impose a <br />civil penalty of not less than $100 per day nor more than $1,000 per day for each <br />day during which a person is in violation of a permit. The Operator's violations of <br />section 34- 32.5- 116(1) and (4)(i) constitute violations of permit number M- 1980 -183. <br />The Board may impose a civil penalty against the Operator based on forty -one (41) <br />days of violation (from the September 18, 2014 inspection to the October 29, 2014 <br />Board meeting) at $100 to $1,000 per day for a civil penalty of $4,100 to $41,000. <br />Brannan Sand and Gravel Company, LLC <br />Pit 29, M -1980 -183 <br />MV- 2014 -036 <br />2 <br />