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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 APPLICATION OF AGGREGATE INDUSTRIES-WCR,INC.TO <br /> AMEND, Permit No. M-2004-031 <br /> THIS MATTER-came before the-Mined Land Reclamation Board("Board")on <br /> November 16,2016,in Denver, Colorado to consider the application of Aggregate Industries <br /> -WCR,Inc.("Applicant")to amend permit number M-2004-,031. Esc Scott,Wally Erickson, <br /> and First Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br /> Reclamation, Mining&Safety("Division"). Steven Fox,Esq.and Michael Refer appeared on <br /> behalf of the Applicant. Cody Doig,Esq.,Steve O'Brian,and Fred Orr appeared on behalf of <br /> Equity Funding,LLC. <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,enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. The Applicant holds a 112c reclamation permit for a 203.7-acre sand and <br /> gravel site located in Section 9,Township 2 South, Range 67 West,6th Principal Meridian in <br /> Adams County,Colorado,permit number M-2004-031. The site,known as the Hazeltine <br /> Mine,is located approximately six miles northeast of Commerce City and approximately <br /> three miles south of Henderson, Colorado. <br /> 2. At its regular meeting on March 25, 2015,the Board considered a complaint <br /> from an owner of adjacent property,aIIeging that the complainant's property had been <br /> flooded since the Applicant installed a slurry wall along the permit boundary. At the <br /> hearing,the Board found that the Applicant's installation of a slurry wall around the <br /> Hazeltine Mine site,including along the west side of the Butt Seep,caused groundwater <br /> mounding,which caused flooding of the complainant's property. The Board found the <br /> Applicant in violation of section 34-32.5-116(4)(h),C.R.S.for failing to minimize the <br /> disturbance to the prevailing hydrologic balance in the surrounding area. The Board <br /> ordered the Applicant to,as corrective action,submit: (a) a Temporary Groundwater <br /> Mounding Mitigation Plan.("Temporary Plan")to the Division within thirty(30)days;and <br /> (b)a Permanent Groundwater Mounding Mitigation Plan ("Permanent Plan")in an <br /> approvable form,as either a Technical Revision or a permit Amendment,to the Division <br /> within ninety(90) days. The Board also imposed a civil penalty against the Applicant. The <br /> Board issued a written order,effective April 20,2015 ("April 2015 Order"). <br />