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BEFORE THE MINED LAND RECLAMATION <br />STATE OF COLORADO <br />Notice of Violation No. MV -2017-034 <br />FINDINGS OF FACT, CONCLUSIONS OF CLAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLAi'I014 BY CONNELL RESOURCES, INC., <br />CEASE AND DESIST ORDER, CORRECTIVE CTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO COMPLY WITH THE CONDITION SOFA PERMIT AND FAILING TO <br />PROVIDE REQUIRED MONITORING INFORMATION, <br />File No. M-1999-o5o i <br />THIS MATTER came before the Mined and Reclamation Board ("Board") on <br />July 26, 2017 in Denver, Colorado as a consent agenda item to consider a possible <br />violation by Connell Resources, Inc. (" Operato '), cease and desist order, corrective <br />action, and civil penalties for failing to comply with the conditions of a permit and <br />failing to provide required monitoring informa 'on, file number M-1999-050. <br />The Board, being fully informed of the <br />FINDINGS <br />in the matter, enters the following: <br />FACT <br />1. The Operatorholds a 112c reclamation permit for an 157.58 -acre sand and <br />gravel mining operation located in Section 3, T)wnship 6 North, Range 68 West, 6th <br />Principal Meridian in Larimer County, Colorado, permit number M-1999-o5o. The site <br />is known as the Timnath Connell Pit. l <br />2. On January 14, 2000, Operator stbmitted a Technical Revision (TR oi) to <br />the permit and committed to conducting groundwater monitoring at the site, in include <br />monitoring five piezometer on the Timnath property and four on the Swift property to <br />the south. The results of the monitoring were to be submitted to the Division with <br />Operator's annual report for the site. <br />S. On May 15, 2017, the Division ofeclamation, Mining and Safety <br />("Division") inspected the site as part of the Division's normal monitoring program. As <br />part of the inspection, the Division found that e Division has only received <br />groundwater monitoring data for the site from April 12, 1999 to February 26, 2004, <br />received on March 12, 2004. Since that time, Operator has not submitted required <br />groundwater monitoring data. <br />4. On June 19, 2017, Operator submitted groundwater reports from 1999 <br />through 2oo6 and indicated groundwater monitoring had ceased after 20o6. Operator <br />further clarified two of the original nine monitoring sites were no longer functional. <br />Operator proposed to conduct monthly monitoring at the remaining seven wells and <br />