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W RECEIVED <br />BEFORE THE MINED LAND RECLAMATION <br />BOARD STATE OF COLORADO t/ AU0 2 4 20 <br />Notice of Violation No. MV -2015-003 ✓ DIVISION OF RECLAMATION, <br />MINING AND SAFETY <br />PETITION FOR BOARD REVIEW OF AN OFFICE DECISION <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 is a Petition by Aggregate Industries-WCR, Inc. ("Operator") seeking review <br />of the decision by the Division of Reclamation, Mining and Safety ("DRMS") <br />determination of July 24, 2015 denying the Operator's request for a technical revision <br />(TR -05) in order to comply with this Board's Order of April 15, 2015 pursuant to <br />Construction Rule 1.4.11(1)(b). <br />AS GROUNDS THEREFORE, IT IS SHOWN ONTO THE BOARD: <br />1. This matter came before the Mined Land Reclamation Board ("Board") on <br />March 25, 2015 for an evidentiary hearing to consider possible violations by the <br />Operator, corrective action and a civil penalty for failing to minimize disturbance to the <br />prevailing hydrologic balance. After hearing the matter, the Board issued an Order on <br />April 15, 2015 ("Board Order") which concluded that: <br />"The Operator failed to minimize the disturbance of groundwater <br />mounding to the prevailing hydrologic balance in the surrounding area <br />caused by the Operator's actions, in violation of §34-32.5-116(4)(h) C.R.S." <br />(emphasis added). <br />Accordingly, the Board imposed a civil penalty against the Operator of $108,750, <br />but suspended all but $10,000 of the penalty if the Operator complies with the <br />corrective actions as specified. The $10,000 has been paid. <br />The Board imposed as corrective actions against the Operator: <br />"A. Submit a temporary groundwater mounding mitigation plan ("temporary <br />plan") to the Division within thirty (30) days of the effective date of this Order. The <br />temporary plan shall be submitted in an approvable form as a technical revision. <br />Implementation of that temporary plan shall commence within five (5) days of <br />Division's approval of the technical revision. <br />1 <br />