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wash plant to the Arkansas River had fines from the mining operation in it. The <br />ditch appeared to the Division to have been used to discharge wastewater directly to <br />the river on multiple occasions. Additionally, much of the ditch was located outside <br />the permitted boundaries. <br />8. Operator presented testimony regarding off-site disturbances and <br />steps it had taken to remedy the unpermitted discharge issue. Operator admitted <br />to inadvertent discharge of wastewater into the Arkansas River due to a breach in a <br />settling pond. Operator presented testimony that it had taken steps to eliminate <br />the chance of wastewater escaping its settlement ponds in the future, including <br />removing sediment in the north portion of the disturbed area, berming off the area <br />to prevent discharge from escaping, and filling in the ditch along the road. <br />Additionally, the Operator presented testimony that they had begun reclamation of <br />disturbed areas outside the north permit boundary and that the areas were ready <br />for reseeding. <br />9. Regarding the railroad loading area to the south of the permitted area, <br />Operator presented testimony that the operation uses that facility to transport sand <br />to customers. The Operator's understanding at the time they took over the permit <br />was that the loading area did not need to be included in the permitted area. <br />Operator, however, indicated that they were willing to include the loading area in <br />an amendment to the permit and were working on doing so. <br />CONCLUSIONS OF LAW <br />10. 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) ('Ace,). <br />11. 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 and to the quality or quantity of water in surface systems during the mining <br />operation. The Operator failed to minimize the disturbance to the quality of water <br />in the surface system by failing to prevent the discharge of wastewater into the <br />Arkansas River, in violation of section 34-32.5-116(4)(h), C.R.S. <br />12. By violating section 34-32.5-116(4)(h), C.R.S., the Operator is in <br />violation of the conditions of the permit, which requires the Operator to comply with <br />all applicable requirements of the Act. <br />13. Affected land includes areas of disturbed surfaces and "work, parking <br />storage or waste discharge areas; and areas in which structures, facilities, <br />equipment, machines, tools or other materials or property which result from or are <br />used in such operations are situated." § 34-32.5-103(1), C.R.S.; Rule 1.1(3). The <br />