Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF BRANNAN SAND AND GRAVEL COMPANY, PIT 29, <br />File No. M- 1980 -183 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />October 29, 2014, in Denver, Colorado to consider the Stipulated Agreement to <br />Establish Corrective Action Deadlines to Mitigate Hydrologic Balance Impact and <br />Offsite Damage ("Agreement ") between the Colorado Division of Reclamation, Mining <br />and Safety ( "Division ") and Brannan Sand and Gravel Company ( "Brannan "). First <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division. Eugene <br />J. Riordan, Esq., Vranesh and Raisch, LLP, appeared on behalf of Brannan. <br />The Board, having considered the Agreement and the presentations of the <br />Division and Brannan, approves the provisions of the Agreement and orders <br />the following: <br />1. Failure to comply with any requirements and timeframes specified in <br />the Agreement (Attachment 1) constitutes failure to comply with a Board Order <br />pursuant to section 34- 32.5 -124, C.R.S. and constitutes grounds for an immediate <br />enforcement hearing for the finding of violations of the Colorado Land Reclamation <br />Act for the Extraction of Construction Materials and the Mineral Rules and <br />Regulations of the Board for the Extraction of Construction Materials, assessment <br />of civil penalties, issuance of a cease and desist order, and a finding that the <br />financial warranty is subject to forfeiture. <br />2. Temporary Plan — Brannan shall submit a Temporary Groundwater <br />Mounding Mitigation Plan ("Temporary Plan ") to the Division no later than <br />November 7, 2014. The Temporary Plan shall be submitted in an approvable form <br />as a technical revision of permit number M- 1980 -183; implementation of that <br />temporary plan shall commence ( "Temporary Plan Commencement ") within five (5) <br />days of Division approval. The Temporary Plan shall be designed to eliminate <br />flooded conditions on the adjacent Einspahr property within 60 days after <br />Temporary Plan Commencement. The Temporary Plan shall include a survey of the <br />ground elevation of Pit, 29's existing monitoring well MW -04 and weekly monitoring <br />and reporting to the Division of water table levels in that well from the time of <br />Temporary Plan Commencement until implementation of the Permanent <br />Groundwater Mounding Mitigation Plan (described in paragraph 4 of the <br />Agreement) is commenced. Weekly monitoring reports shall be submitted to the <br />Division within one week of data collection. De- watering methods may be active <br />(pumping) and/or passive. <br />