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required monitoring at points HZMW-2 and SG -2 and failed to report the results of <br />monitoring of these devices in their annual report. <br />22. By failing to monitor groundwater and submit reports as required, <br />Operator is in violation of condition 1 of the permit. <br />23. Under section 34-32.5-116(4)(h), C.R.S., operators are required to <br />minimize the disturbance to the prevailing hydrologic balance in the surrounding <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 />24. 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 />25. Under section 35-32.5-116(i), C.R.S., operators are required to protect <br />areas outside of the affected land from slides or damage occurring during the <br />mining operation and reclamation. The Operator caused flooding on adjacent <br />property, damaging it in violation of section 35-32.5-116(i), C.R.S. <br />26. By violating 35-32.5-116(i), C.R.S., the Operator is in violation of <br />condition 1 of the permit, which requires the Operator to comply with all applicable <br />requirements of the Act. <br />27. The Board's April 15, 2015 Order required the Operator to submit and <br />implement plans to mitigate groundwater mounding found to be causing flooding on <br />the Orr property. The Operator failed to implement those plans and therefore did <br />not comply with the April 15, 2015 Order. <br />28. 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 forty-eight (48) days of violation (from the February <br />1, 2018 inspection to the March 22, 2018 Board meeting) at $100 to $1,000 per day <br />for a civil penalty of $4,800 to $48,000. <br />29. Regarding Violation No. MV -2015-003, the Board's April 15, 2015 <br />Order assessed a civil penalty of $108,750.00 with all but $10,000.00 suspended if <br />the Operator complied with the corrective actions in the time specified. The <br />Operator failed to implement the mitigation plans required by the April 15, 2015 <br />Order. Therefore the previously suspended portion of the civil penalty, $98,750.00, <br />is due immediately. <br />Aggregate Industries - WCR, Inc. <br />M-2004-031 <br />MV -2015-003 and MV -2018-008 <br />5 <br />