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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) ("Act"). <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 />