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' EXHIBIT 26 <br /> area. The Operator failed to minimize the disturbance of ground water mounding to <br /> ' the prevailing hydrologic balance in the surrounding area caused by the Operator's <br /> actions, in violation of section 34-32.5-116(4)(h), C.R.S. <br /> ' 31. By violating section 34-32.5-116(4)(h), C.R.S., the Operator is in <br /> violation of condition 1 of the permit, which requires the Operator to comply with <br /> all applicable requirements of the Act. <br /> 32. Pursuant to section 34-32.5-124(7), C.R.S. the Board may impose a <br /> civil penalty of not less than $100 per day nor more than $1,000 per day for each <br /> day during which a permit violation occurs. The Board may impose a civil penalty <br /> against the Operator based on one hundred forty-five (145) days of violation (from <br /> the October 31, 2014 inspection to the March 25, 2015 Board meeting) at $100 to <br /> $1,000 per day for a civil penalty of$14,500 to $145,000. <br /> ORDER <br /> ' Based on the foregoing findings of fact and conclusions of law, the Board finds <br /> the Operator in violation of section 34-32.5-116(4)(h),C.R.S. for failing to minimize <br /> ' the disturbance to the prevailing hydrologic balance in the surrounding area. <br /> The Board imposes the following CORRECTIVE ACTION against the Operator: <br /> ' A. Submit a Temporary Groundwater Mounding Mitigation Plan <br /> ("Temporary Plan") to the Division within thirty (30) days of the effective <br /> date of this Order. The Temporary Plan shall be submitted in an <br /> approvable form as a Technical Revision. Implementation of that <br /> Temporary Plan shall commence within five (5) days of Division's approval <br /> ' of the Technical Revision. <br /> B. Submit a Permanent Groundwater Mounding Mitigation Plan <br /> ("Permanent Plan") to the Division no later than ninety (90) days after the <br /> effective date of this Order. The Permanent Plan shall be submitted in an <br /> approvable form, as either a Technical Revision or a permit Amendment. <br /> ' Implementation of that Permanent Plan shall commence within thirty (30) <br /> days of Division approval. <br /> The Board imposes a CIVIL PENALTY for one hundred forty-five (145) days <br /> of violation at seven hundred fifty dollars ($750) per day for a total civil penalty-of <br /> $108,750. All but $10,000 of the civil penalty is suspended if the Operator complies <br /> ' with the corrective actions in the time specified. The portion of the civil penalty not <br /> suspended, $10,000, shall be due and payable within thirty (30) days of the effective <br /> ' Aggregate Industries—WCR, Inc. <br /> M-2004-031 <br /> ' W-2015-003 7 <br />