Laserfiche WebLink
EXHIBIT 29 <br /> ' BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> ' FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> ' IN THE MATTER OF THE APPLICATION OF AGGREGATE INDUSTRIES-WCk INC.TO <br /> AMEND,Permit No.M-2004-031 <br /> THIS MATTER came before the Mined Land Reclamation Board["Board")on <br /> November 16,2016,in Denver,Colorado to consider the application of Aggregate Industries <br /> -WCR,Inc.("Applicant")to amend permit number.M-2{}WO31. FA1c Scots;Wally Erickson, <br /> and First Assistant Attorney General Jeff Fugate appeared on behalf of the Division of <br /> Reclamation,Mining&Safety("Division's. Steven Fox,Esq.and Michael Refer appeared on <br /> behalf of the Applicant Cody Doig,Esq.,Steve O'Brian,and Fred Orr appeared on behalf of <br /> ' Equity Funding,LLC. <br /> The Board,having considered the parties'presentations,testimony,and the <br /> ' administrative record,and being otherwise fully informed of the facts in the matter,enters <br /> the following: <br /> 1 FINDINGS OF FACT <br /> 1. The Applicant holds a 112c reclamation permit for a 203.7-acre sand and <br /> ' gravel site located in Section 9,Township 2 South,Range 67 West,6th Principal Meridian in <br /> Adams County,Colorado,permit number M-2004-031. The site,known as the Hazeltine <br /> Wine,is located approximately six miles northeast of Commerce City and approximately <br /> three miles south of Henderson,Colorado. <br /> 2. At its regular meeting on March 25,2015,the Board considered a complaint <br /> from an owner of adjacent property,alleging that the complainant's property had been <br /> flooded since the Applicant installed a slurry, wall along the permit boundary. At the <br /> hearing,the Board found that the Applicant's installation of a slurry waltaround the <br /> Hazeltine Mine site,including along the west side of the Bull Seep,caused groundwater <br /> ' mounding,which caused flooding of the complainant's property, The Board found the <br /> Applicant in violation of section 34-32.5-116(4)(h),C.R.S.for failing to minimize the <br /> disturbance to the prevailing hydrologic halance in the surrounding area. The Board <br /> ' ordered the Applicant to,as corrective action,submit: (a)a Temporary Groundwater <br /> Mounding Mitigation Plan J"Tergporwy Plan")to the Division within thIrty(30)days;and <br /> (b)a Permanent Groundwater Mounding Mitigation Plan("Permanent Plan")in an <br /> ' approvable form,as either a Technical Revision or a permit Amendment,to the Division <br /> within ninety(90) days. The Board also imposed a civil penalty against the Applicant The <br /> Board issued a written order,effective April 20,2015 ("April 2015 Order"). <br />