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14. On February 16, 2018, the Division sent Operator a Reason to Believe <br />a Violation Exists and Notice of Board Hearing notice, informing Operator of the <br />alleged violations and that the matter had been set for a hearing before the Board <br />at its March 21 and 22, 2018 meeting. <br />15. Operator informed the Division on March 8, 2018 that the Orr Drain <br />had been opened on February 16, 2018 and was discharging water into the pit from <br />the Orr property. <br />16. At the hearing, the Operator provided updated photographs of the Orr <br />Drain and property after the Orr Drain had been opened. The photographs <br />demonstrated that the drain had significantly reduced the flooding on the Orr <br />property. The Operator also submitted updated groundwater monitoring data <br />showing a decrease in groundwater levels after the Orr Drain had been opened. <br />17. The Operator testified at the hearing they had not kept the Orr Drain <br />open year-round because they had not been attempting to control surface flows, <br />most of which came from the Fulton Ditch discharging water into the Bull Seep <br />during the winter. The Operator testified that they had focused on controlling <br />groundwater mounding in the past. The Operator represented that, going forward, <br />they would keep the Orr Drain open year-round, which would deal with both <br />surface flows and groundwater mounding issues. <br />18. The Operator also testified that groundwater monitoring data from <br />well HZMW-2 had been unavailable because the well was inaccessible due to high <br />water levels. The Operator represented that keeping the Orr Drain open year- <br />round would eliminate the accessibility issue for well HZMW-2. <br />19. The Division testified that Operator had recently been cooperative in <br />resolving the issues raised in its inspections of the site. <br />CONCLUSIONS OF LAW <br />20. The Board has jurisdiction over this matter pursuant to the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of <br />Title 34, C.R.S. (2017) ("Act"). <br />21. Operator was required to monitor groundwater under its permit. <br />Under Rule 3.1.7(7), operators who are obligated to conduct groundwater <br />monitoring must report those results to the Division. The Operator's approved <br />permit application requires monitoring of specific points and reporting the results of <br />the monitoring with the annual report. The Operator has failed to conduct the <br />Aggregate Industries — WCR, Inc. <br />M-2004-031 <br />MV -2015-003 and MV -2018-008 <br />4 <br />