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conditions of a permit and failing to provide required monitoring information, and <br />providing details regarding a hearing on this atter scheduled for July 26, 2017. <br />OF LAW <br />6. The Board has jurisdiction overt iis matter pursuant to the Colorado Land <br />Reclamation Act for the Extraction of Constru ion, Article 32.5 of Title 34, C.R.S. <br />(201.6) ("Act"). <br />y. Under Rule 1.15(1)(c) of the Mineral Rules and Regulations of the <br />Colorado Dined Land Reclamation Board for the Extraction of Construction Materials <br />("Rules"), operators shall provide all monitoring information required as part of the <br />approved reclamation plan. Operator failed to provide monitoring information required <br />by the approved reclamation plan, in violationof Rule s.i5(1)(c). <br />8. Pursuant to section 34-32.5-124(' <br />penalty of not less than $loo per day nor more <br />which a permit violation occurs. The Board me <br />Operator based on thirty-four days of violation <br />letter to the July 26, 2017 hearing) at $loo to $ <br />to $34,000. <br />, C.R.S. the Board may impose a civil <br />han $1,000 per day for each day during <br />impose a civil penalty against the <br />From the date of the Reason to Believe <br />000 per day for a civil penalty of $3,400 <br />Based on the foregoing findings of fact a: id conclusions of law, the Board finds <br />Operator in violation of Rule 1.150)(c) for failu-e to provide all required monitoring <br />information and in violation pursuant to sectio 34-32.5-124, C.R.S. for failing to <br />comply with the conditions of the permit. <br />The Board imposes the following CORRE(tTWE ACTION against Operator: <br />Operator shall initiate and comply with the appre ved groundwater monitoring plan <br />beginning the second quarter of 2017 (April 1, 20 7). Operator shall submit the results of <br />the groundwater monitoring to the Division wit the annual report due on the <br />anniversary date of the permit, due each year on July 25. <br />The Board imposes a CIVIL PENALTY f cr thirty-four days of violation at one <br />hundred dollars per day for a total civil penalty Jf $3,40o. All but $500 of the civil <br />penalty is suspended if the Operator complies 'th the corrective action in the time <br />specified. The portion of the civil penalty not sspended, $500, shall be due and <br />payable within thirty days of the effective date this Order. If the Operator does not <br />timely comply with the corrective action set forth in this Order, then the suspended <br />penalties, $2,900, shall be due and payable in full within thirty days of the deadline for <br />completion of the corrective action. Failure to timely submit any due and unpaid civil <br />penalties shall result in immediate submittal of such penalties to State collections. <br />DONE AND ORDERED this / e "*day of _ 2017. <br />12o 85, LLC <br />M -200a -o85 / 120d' Estate Partners <br />MV -2017-037 2 <br />