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BEFORE THE MIMED LAND RECLAMATION BOARD <br /> STATE OF CO LO RADO <br /> Notice of Violation No.MV-2017-034 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF A POSSIBLE VIOLATION BY CONNELL RESOURCES, INC., <br /> CEASE AND DESIST ORDER,CORRECTIVE CrIONS,AND CIVIL PENALTIES FOR <br /> FAILING TO COMPLY WITH THE CONDITIO}}- S OF A PERMIT AND FAILING TO <br /> PROVIDE REQUIRED MONITORING INFO RIi I ATION, <br /> File No. M-1999-050 <br /> THIS MATTER came before the Mined T"genda <br /> nd Reclamation Board ("Board")on <br /> July 26,2017 in Denver, Colorado as a consen 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 information, file number M-1999-050. <br /> The Board,being fully informed of the facts in the matter,enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator holds a 112c reclamation permit for an 157.58-acre sand and <br /> gravel mining operation located in Section 3,Township 6 North, Range 68 West, 6th <br /> Principal Meridian in Larimer County,Colorado, permit number M-1999-050. The site <br /> is known as the Timnath Connell Pit. <br /> 2. On January 14,2000, Operator s bmitted 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 /> 3. On May 15, 2017, the Division of�eclamation, 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 1!he Division has only received <br /> groundwater monitoring data for the site from,lApril 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 2oo6. 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 />