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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2015 -003 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND; ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY AGGREGATE INDUSTRIES — <br />WCR, INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING TO <br />MINIMIZE DISTURBANCE TO THE PREVAILING HYDROLOGIC BALANCE IN <br />THE SURROUNDING AREA, File No. M- 2004 -031 I <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />March 25, 2015 in Denver, Colorado to consider possible violations by Aggregate <br />Industries — WCR, Inc. ( "Operator "), corrective action, and civil penalties for failing to <br />minimize disturbance to the prevailing hydrologic balance in the surrounding area, <br />File No. M- 2004 -031. Tyler O'Donnell, Tony Waldron, Tom Kaldenbach, and First <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br />Reclamation, Mining and Safety ( "Division '). Michael Refer; Catherine K aeger- <br />Rovey, PE; Tim Flanagan, Esq.; and Connie Davis appeared on behalf of the Operator. <br />The Board, having considered the parties' presentatIns, testimony, and the <br />administrative record, and being otherwise frilly informed of the facts in the matter, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit�for an 203.9 -acre sand <br />and gravel site located in Section 9, Township 2 South, Range 67 West, 6th <br />Principal Meridian in Adams County, Colorado, permit number M- 2004 -031. The <br />site, known as the Hazeltine Aline, is located approximately� six miles northeast of <br />Commerce City and approximately three miles south of Henderson, Colorado. <br />2. The Hazeltine Mine is bordered by the South Pl i tte River to the west; the <br />Howe Pit, permit number M- 1978 -052, to the north; 104th Avenue to the south; and <br />the Bull Seep ditch to the east. The Bull Seep historically was located farther to the <br />west. Upon receiving approval of the permit for the site, the Operator relocated the <br />Bull Seep eastward in or about 2005, just inside the perimeter of the permit boundary. <br />3. Prior to any mining in the area, the Bull Seep drained from south to <br />north in between the South Platte River and the Fulton Ditch. The Bull Seep <br />historically, drained into First Creek north of the HazeltineiMine. <br />