Laserfiche WebLink
as either a Technical Revision or a permit Amendment, to the Division within <br />ninety (90) days. The Board also imposed a civil penalty against the Operator. The <br />Board issued a written order, effective April 20, 2015 ("April 2015 Order"). <br />3. On or about May 18, 2015, the Operator submitted its Temporary Plan <br />to the Division as Technical Revision No. 4 ("TR -04"). The Temporary Plan included <br />installation of two (2) eighteen -inch (18") pipes to divert water into the reservoir. <br />The Division approved TR -04 on June 15, 2015. <br />4. On July 20, 2015, the Operator filed the Permanent Plan with the <br />Division as Technical Revision No. 5 ("TR -05"). <br />5. By letter dated July 24, 2015, the Division denied TR -05. In its July <br />24, 2015 letter, the Division stated, among other things: <br />Isolation [of the reservoir] from the surrounding hydrologic <br />systems ensured compliance with Colorado water allocation laws, <br />a requirement of Rule 3.1.6(1)(a). However, the plans proposed <br />through TR -05 will divert surface and ground water into the <br />previously isolated reservoir. The proposed plan substantially <br />alters the approved reclamation plan and fails to demonstrate <br />compliance with Rule 3.1.6(1)(a). Clearly, the changes in the <br />permit proposed through TR -05 will have more than a minor <br />effect on the approved reclamation plan and as such, exceeds the <br />scope of the technical revision process. <br />6. On August 24, 2015, the Operator filed a petition with the Board <br />requesting that the Board overturn the Division's decision to deny TR -05. <br />7. The Permanent Plan set forth in TR -05 would impact groundwater and <br />surface water at the site and the surrounding area. Under TR -05, the Operator <br />proposed to construct a permanent drain using eighteen -inch (18") diameter pipes <br />through the slurry wall to permanently divert groundwater and surface water from <br />adjacent property into the reservoir. As stated in TR -05: "The drain, in conjunction <br />with the existing Bull Seep, is intended to convey surface flows that are sourced <br />from rainfall, turnouts from the Fulton Ditch, and groundwater seepage." <br />8. Permanently diverting groundwater and surface water into the <br />reservoir constitutes a significant change to, and impact on, the approved <br />reclamation plan for the site, which requires isolation of the reservoir from <br />groundwater and surface water systems by virtue of the slurry wall. Under the <br />Permanent Plan proposed in TR -05, the reservoir would no longer be isolated from <br />groundwater and surface water systems. <br />Aggregate Industries — WCR, Inc. <br />M-2004-031 2 <br />