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area. The Operator failecl to minimize the disturbance of ground water mounding to <br />the prevailing hydrologic balance in the surrounding area caused by the Operator's <br />actions, in violation of section 34- 32.5- 116(4)(h), C.R.S. <br />31. By violating section 34- 32.5- 116(4)(h), C.R.S., the Operator is in <br />violation of condition 1 of the permit, which requires the Operator to comply with <br />all applicable requirements of the Act. <br />32. 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 permit violation occurs. The Board may impose a civil penalty <br />against the Operator based on one hundred forty -five (145) days of violation (from <br />the October 31, 2014 inspection to the March 25, 2015 Board meeting) at $100 to <br />$1,000 per day for a civil penalty of $14,500 to $145,000. <br />ORDER <br />Based _on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of section 34- 32.5- 116(4)(h),C.R.S. for failing to minimize <br />the disturbance to the prevailing hydrologic balance in the surrounding area. <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />A. Submit a Temporary Groundwater Motnding Mitigation Plan <br />( "Temporary Plan ") to the Division within thirty (30) days of the effective <br />date of this Order. The Temporary Plan shall be submitted in an <br />approvable form as a Technical Revision. Implementation of that <br />Temporary Plan shall commence within five (5) days of Division's approval <br />of the Technical Revision. <br />B. Submit a Permanent Groundwater Mounding Mitigation Plan <br />("Permanent Plan ") to the Division no later than ninety (90) days after the <br />effective date of this Order. The Permanent Plan shall be submitted in an <br />approvable form, as either a Technical Revision or a� permit Amendment. <br />Implementation of that Permanent Plan shall commence within thirty (30) <br />days of Division approval. <br />The Board imposes a CI`TIL PENALTY for one hundred forty -five (145) days <br />of violation at seven hundred fifty dollars ($750) per day for a total civil penalty of <br />$108,750. All but $10,000 of the civil penalty is suspended if the Operator complies <br />with the corrective actions in the time specified. The portion of the civil penalty not <br />suspended, $10,000, shall be due and payable within thirty (30) days of the effective <br />Aggregate Industries — WCR, Inc. <br />M- 2004 -031 <br />MV -2015 -003 7 <br />