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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <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-1999-034 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 26, 2015 in Denver, Colorado to consider possible violations by Aggregate <br />Industries — WCR, Inc. ("Operator"), cease and desist order, corrective action, and <br />civil penalties for failing to minimize disturbance to the prevailing hydrologic balance <br />in the surrounding area, File No. M-1999-034. Tyler O'Donnell, Tony Waldron, Scott <br />Schultz, and First Assistant Attorney General Jeff Fugate appeared on behalf of the <br />Division of Reclamation, Mining and Safety ("Division"). Tim Flanagan, Esq. <br />represented the Operator, and Michael Refer and Connie Davis appeared on behalf of <br />the Operator. - <br />The Board, having considered the parties' presentations, testimony, and the <br />administrative record, and being otherwise fully 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 a 399 -acre sand <br />and gravel site located in Section 17, Township 2 South, Range 67 West, 6th <br />Principal Meridian in Adams County, Colorado, permit number M-1999-034. The <br />site, known as the Cooley Reservoir & Fulton Wildlife Area, is located west of the <br />South Platte River. <br />2. The City of Thornton ("Thornton") purchased the land that the <br />permitted site is located from the Operator through the settlement of a condemnation <br />lawsuit. Thornton owns and manages the property, which holds a series of water <br />storage reservoirs. No representative for Thornton appeared at the hearing. <br />3. On June 24, 2015, there was a large precipitation event within the <br />South Platte River basin around Denver. <br />4. On June 29, 2015, Thornton notified the Division about a breach at the <br />reservoir, specifically, a portion of the South Platte River was flowing into the <br />complex after overtopping an earthen embankment located between the river and <br />