2018-05-14_ENFORCEMENT - M2004031

• Permit No: M2004031
• IBM Index Class Name: Enforcement
• Doc Date: 5/14/2018
• Doc Name Note: Board ‎(MLRB)‎ Order
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: Aggregate Industries - WCR, Inc.
• Violation No.: MV2018008
• Email Name: JLE
• Email Name: WHE
• Email Name: GRM
• Email Name: AJW
• Email Name: CMM
• Media Type: D
• Archive: No

was causing flooding of adjacent property owned by Fred Orr. In the Order, the Board
imposed two corrective actions:
a. Submit a Temporary Groundwater Mounding Mitigation Plan
("Temporary Plan") to the Division within thirty (30) days of the
effective date of this Order. The Temporary Plan shall be submitted in
an approvable form as a Technical Revision. Implementation of that
Temporary Plan shall commence within five (5) days of Division's
approval of the Technical Revision.
b. Submit a Permanent Groundwater Mounding Mitigation Plan
("Permanent Plan") to the Division no later than ninety (90) days after
the effective date of this Order. The Permanent Plan shall be
submitted in an approvable form, as either a Technical Revision or a
permit Amendment. Implementation of that Permanent Plan shall
commence within thirty (30) days of Division approval.
3. The Board also imposed a civil penalty of $108,750, with all but
$10,000 suspended if Operator complied with the corrective actions within the
required time frames.
4. On May 21, 2015, Operator submitted Technical Revision No. 4, which
contained the proposed Temporary Pian and water level monitoring plan to verify
the effectiveness of the mitigation plan. This plan included a water monitoring
regimen which required placement of three monitoring wells (HZMW-2, Ila and
11b) and staff gauges for monitoring water levels.
5. The Division approved Operator's Technical Revision No. 4 on June 15,
2015, and confirmed that the Temporary Plan had been implemented on August 19,
2015.
6. On December 30, 2015, Operator filed Amendment No. 1 containing a
permanent plan that was intended to alleviate the flooding on the Orr property by,
among other things, installing a permanent drain ("Orr Drain") to address
groundwater mounding and the continued use of staff gauges and use of several
monitoring wells, including HZMW-2, lla and llb.
7. The Board approved Amendment No. 1 over public objections on
November 16, 2016.
8. On November 23, 2016, Operator began construction of the Orr Drain.
The Orr Drain was not completed until September 22, 2017.
Aggregate Industries -- WCR, Inc.
M-2004.031
MV -2015-003 and MV -2018-008
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