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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 THE PETITION OF AGGREGATE INDUSTRIES — WCR, <br />INC. FOR ADMINISTRATIVE APPEAL OF THE DECISION OF THE <br />RECLAMATION, MINING AND SAFETY TO DENY TECHNICAL REVISION <br />NO. 05, File No. M-2004-031 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 23, 2015, in Denver, Colorado to consider the petition of Aggregate <br />Industries — WCR, Inc. ("Operator") for administrative appeal of the decision of the <br />Reclamation, Mining and Safety ("Division") to deny Technical Revision No. 5 to <br />permit number M-2004-031. Tyler O'Donnell, Wally Erickson, and First Assistant <br />Attorney General Jeff Fugate appeared on behalf of the Division. Steven Fox, Esq., <br />Michael Refer, and Connie Davis appeared on behalf of 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 203.7 -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 Mine, is located approximately six miles northeast of <br />Commerce City and approximately three miles south of Henderson, Colorado. <br />2. At its regular meeting on March 25, 2015, the Board considered a <br />complaint from an owner of adjacent property, alleging that the complainant's <br />property had been flooded since the Operator installed a slurry wall along the <br />permit boundary. At the hearing, the Board found that the Operator's installation <br />of a slurry wall around the Hazeltine Mine site, including along the west side of the <br />Bull Seep, caused groundwater mounding, which caused flooding of the <br />complainant's property. The Board found the Operator in violation of section 34- <br />32.5-116(4)(h),C.R.S. for failing to minimize the disturbance to the prevailing <br />hydrologic balance in the surrounding area. The Board ordered the Operator to, as <br />corrective action, submit: (a) a Temporary Groundwater Mounding Mitigation Plan <br />("Temporary Plan") to the Division within thirty (30) days; and (b) a Permanent <br />Groundwater Mounding Mitigation Plan ("Permanent Plan") in an approvable form, <br />