Laserfiche WebLink
stated they would submit the results of the monitoring to the Division with its annual <br />report.. , <br />S. On June 22, 2017, the Division se' t Operator a Reason to Believe a <br />Violation Exists and Notice of Board Hearing le ter for failure to comply with the <br />conditions of a permit and failing to provide re uired monitoring information and <br />providing details regarding a hearing on this m Iter scheduled for July 26, 2017. <br />6. On July 12, 2oi7, the Operator si 0 ed the consent agreement admitting <br />the violation and agreed to the Division's reconimendations to the Board. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over <br />Reclamation Act for the Extraction of Constrt <br />(2o16) ("Act"). <br />matter pursuant to the Colorado Land <br />n, Article 32.5 of Title 34, C.R.S. <br />8. Under Rule 1.15(1)(c) of the Minefal Rules and Regulations of the <br />Colorado Mined Land Reclamation Board fora Extraction of Construction Materials <br />("Rules"), operators shall provide all rnonitorinj information required as part of the <br />approved reclamation plan. Operator failed to provide monitoring information required <br />by the approved reclamation plan, in violation -f Rule 1.15(1)(c). <br />9- Pursuant to section 34-32.5-124(' <br />penalty of not less than $ioo per day nor more <br />which a permit violation occurs. The Board in, <br />Operator based on thirty-four days of violation <br />letter to the July 26, 2017 hearing) at S10o to $ <br />to $34,000. <br />, C.R.S. the Board may impose a civil <br />ian S1,000 per day for each day during <br />impose a civil penalty against the <br />iom the date of the Reason to Believe <br />Doo per day for a civil penalty of $3,400 <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />Operator in violation of Rule 1.15(t)(c) for failure to provide all required monitoring <br />information and in violation pursuant to section 34-32.5-124, C.R.S. for failing to <br />comply with the conditions of the permit. I <br />The Board imposes the following CORRE 'IVE ACTION against Operator. <br />Operator shall conduct monthly monitoring oft a remaining seven monitoring wells. <br />Operator shall submit the results of the groundwater monitoring to the Division with the <br />annual report due on the anniversary date of the permit, due each year on December 9. <br />Operator shall submit a Technical Revision to the Division within 60 days of the effective date of <br />the Board Order, updating the groundwater monitoring plan. <br />The Board imposes a CIVIL PENALTY for thirty-four days of violation at one <br />hundred dollars per day for a total civil penalty of $3,400. All but $1,000 of the civil <br />Connell Resources, Inc. <br />M-1999-o5o / Timnath Connell Pit <br />MV -2017-034 <br />2 <br />