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ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board finds <br />the Operator in violation of the permit for failing to conduct and report groundwater <br />monitoring as required under Rule 3.1.7(7) and the permit application. (MV -2018- <br />008) <br />The Board also finds the Operator in violation of section 34-32.5- <br />116(4)(h),C.R.S. for failing to minimize the disturbance to the prevailing hydrologic <br />balance in the surrounding area and section 34-32.5-116(4)(1) for failing to protect <br />adjacent land from damage occurring during the mining operation. (MV -2018-008) <br />The Board also finds the Operator in violation of the Board's April 15, 2015 <br />Order for failing to comply with the corrective actions by not implementing the <br />groundwater mitigation plans required under that order. (MV -2015-003) <br />The Board imposes the following CORRECTIVE ACTION against the Operator: <br />A. Within 60 days of the effective date of the Board's order, the <br />Operator shall locate and rehabilitate the required monitoring wells <br />or devises and provide documentation to the Division this has been <br />completed. <br />B. The Operator shall initiate and comply with the approved <br />groundwater monitoring plan beginning with the second quarter of <br />2018. The Operator shall submit the results of groundwater <br />monitoring to the Division quarterly and in total for the monitoring <br />year with their annual report due on the anniversary date of the <br />permit, due each year on September 27. <br />C. Within 60 days of the effective date of the Board's order, the <br />Operator shall submit a Technical Revision (with notice to Fred Orr) <br />or an Amendment to the permit to revise the Permanent Plan for the <br />Orr property to ensure mitigation measures for the Orr property will <br />function year round with little maintenance. Approval of such <br />revision shall be required within the statutory time frames. <br />Implementation of the revised Permanent Plan shall be required <br />within thirty (30) days of approval. During the interim, the Operator <br />shall be required to keep the Orr property sufficiently drained. <br />The Board imposes a CIVIL PENALTY for forty-eight (48) days of violation at <br />$1.000.00 per day for a total civil penalty of $48,000.00. All but $10,000 of the civil <br />Aggregate Industries - WCR, Inc. <br />M-2004-031 <br />MV -2015-003 and MV -2018-008 <br />6 <br />