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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV -2016-003, and MV -2018-008 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATIONS BY AGGREGATE INDUSTRIES <br />-- WCR, INC., CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR FAILING <br />TO SUBMIT REQUIRED WATER MONITORING REPORT DATA, FAILING TO <br />MITIGATE DISTURBANCE TO THE PREVAILING HYDROLOGIC BALANCE IN <br />THE SURROUNDING AREA, FAILING TO PROTECT AREAS OUTSIDE OF THE <br />AFFECTED LAND FROM DAMAGE, AND FOR FAILING TO COMPLY WITH <br />THE CONDITIONS OF AN ORDER, File No. M-2004-031 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />March 22, 2017 in Denver, Colorado to consider possible violations by Aggregate <br />Industries — WCR, Inc. ("Operator"), corrective action, and civil penalties for failing to <br />submit the required water monitoring report data in violation of a permit condition, <br />failing to mitigate the disturbance to the prevailing hydrologic balance in the <br />surrounding area, failing to protect areas outside of the affected land from damage, <br />and for failing to comply with the conditions of an order, File No. M-2004-031. Jared <br />Ebert, Tony Waldron, Wally Erickson, and First Assistant Attorney General Jeff <br />Fugate appeared on behalf of the Division of Reclamation, Mining and Safety <br />("Division"). Joel Bolduc; Tom Hesemann, RG; and Steven Fox, Esq. appeared on <br />behalf of the Operator. <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, <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 112c reclamation permit for an 203,9 -acre sand <br />and gravel site located in Section 9, Township 2 South, Range 67 West, 6th <br />Principal Meridian in Adams County, Colorado, permit number M-2004-031. The <br />site, known as the Hazeltine Mine, is located approximately three miles south of <br />Henderson, Colorado. <br />2. In an order dated April 15, 2015 (the "Order"), the Board found Operator <br />in violation of section 3432.5-116(4)(h) for failing to minimize the disturbance to the <br />prevailing hydrologic balance in the area surrounding the permitted area. Specifically, <br />the Operator had failed to minimize the disturbance of groundwater mounding, which <br />