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BEFORE THE MINED LAND RECLAMATI <br />STATE OF COLORADO <br />Notice of Violation No. MV -2017-037 <br />FINDINGS OF FACT, CONCLUSIONS Off}' LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATIO BY 120 85, LLC, CORRECTIVE <br />ACTIONS, AND CIVIL PENALTIES FOR FAIIIING TO COMPLY WITH THE <br />CONDITIONS OF A PERMIT AND FAILING TO PROVIDE REQUIRED MONITORING <br />INFORMATION, File No. M-2001-085 <br />THIS MATTER came before the Mined <br />July 26, 2017 in Denver, Colorado for a hearin <br />85, LLC ("Operator"), corrective action, and ci <br />conditions of a permit and failing to provide n <br />number M-2001-085. Jared Ebert appeared c <br />Mining and Safety ("Division"). There was no <br />and Reclamation Board ("Board") on <br />to consider a possible Aolation by 120 <br />1 penalties for failing to comply with the <br />uired monitoring information, file <br />behalf of the Division of Reclamation, <br />?pearance on behalf of Operator. <br />The Board, considering the presentationc�f the Division and being fully informed of <br />the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for an 51.6 -acre sand and <br />gravel mining operation located iu Section 35, ownship 1 South, Range 67 West, 5th <br />Principal Meridian in Adams County, Colorado permit number M -20o1 -o85. The site <br />is known as 12ot' Estate Partners. <br />2. On October 16, 2014, Operator su bmitted a Technical Revision (TR -o6) to <br />the permit to initiate a groundwater monitorinj plan. Operator committed to sampling <br />groundwater monitoring wells beginning in the fourth quarter of 2014, recording the <br />depth of the water in each well from the top of the casing to the surface of the water and <br />report that data annually to the Division. I <br />3. On March 15, 2017, the Division i4spected the site as part of the Division's <br />normal monitoring program. Juan Padilla attgded the inspection on behalf of <br />Operator. As part of the inspection, the Divisiop found that Operator had not submitted <br />the results of the groundwater monitoring to date. <br />4- On May 10, 2017, the Division received incomplete groundwater reports <br />from Operator that indicated that groundwater elevations had been recorded annually <br />instead of quarterly, as required by the permit. <br />5. On June 22, 2017, the Division sent Operator a Reason to Believe a <br />Violation Exists and Notice of Board Hearing lei ter for failure to comply with the <br />