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stated they would submit the results of the monitoring to the Division with its annual <br /> report. <br /> 5. 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 required monitoring information and <br /> providing details regarding a hearing on this mjtter scheduled for July 26, 2017. <br /> 6. On July 12,2017,the Operator signed the consent agreement admitting <br /> the violation and agreed to the Division's recommendations to the Board. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Colorado Land <br /> Reclamation Act for the Extraction of Construction,Article 32.5 of Title 34,C.R.S. <br /> (2016) ("Act"). <br /> 8. Under Rule 1.15(1)(c)of the Mineral Rules and Regulations of the <br /> Colorado Mined Land Reclamation Board fora 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 violationf Rule 1.15(1)(c). <br /> 9. Pursuant to section 34-32.5-124( ),C.R.S. the Board may impose a civil <br /> penalty of not less than $too per day nor more an S1,o0o per day for each day during <br /> which a permit violation occurs. The Board m ,impose a civil penalty against the <br /> Operator based on thirty-four days of violation from the date of the Reason to Believe <br /> letter to the July 26, 2017 hearing)at Sioo to$1,000 per day for a civil penalty of$3,400 <br /> to $34,000. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> Operator in violation of Rule 1.15(1)(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. <br /> The Board imposes the following CORRECTIVE ACTION against Operator: <br /> Operator shall conduct monthly monitoring of the 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-o50/Timnath Connell Pit <br /> MV-2017-034 2 <br />