2020-01-13_ENFORCEMENT - M1992009

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6. The Division also sent Operator a cease and desist order on October 9, 2019 due to the emergency situation created by the release of waste water into Beaver Creek. 7. In response to the cease and desist order, Operator undertook several corrective actions. 8. The Division conducted a follow-up inspection on October 16, 2019. During the inspection, the Division observed that Beaver Creek was running clear and that Operator had done work to reinforce the embankment meant to contain the ponds as well as storm water control measures. 9. Following the follow-up inspection, Operator requested a partial lift of the cease and desist order on October 18, 2019 to enable it to conduct further corrective actions. 10. The Division granted the request on the same day, recognizing that Operator had complied with the cease and desist order and shown good-faith efforts to bring the site into compliance. The Division authorized Operator to continue corrective actions, reclamation activities, and the removal from the site of materials that had already been stockpiled. 11. At the hearing, the Division presented testimony regarding the potential violations observed during its initial inspection. The Division also presented testimony regarding Operator's good-faith efforts to bring the site into compliance and the level of communications from the Operator and the consultant it retained. 12. Operator presented testimony that it had not known of the overtopping of the pond that led to the complaint until the Division conducted its first inspection. The Operator's consultants testified regarding the corrective actions taken in response to the issue and that those corrective actions were largely complete. 13. Operator requested that any cease and desist order not apply to the site's southern pit, which is used to provide gravel to Teller County. CONCLUSIONS OF LAW 14. The Board has jurisdiction over this matter pursuant to the Colorado Land Reclamation Act for the Extraction of Construction Materials, Article 32.5 of Title 34, C.R.S. (2019) (the "Act"). 15. The Operator is engaged in a "mining operation' as that term is defined in section 34-32.5-103(13), C.R.S. 16. Section 34-32.5-116(4)(h), C.R.S. requires operators to minimize disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area as well as to the quality and quantity of water in surface and groundwater systems, both during and after the mining operation and during reclamation. Operator violated section 34-32.5- 116(4)(h), C.R.S. by failing to prevent wash water from the mining operation from overtopping containment ponds and discharging into adjacent water sources, 17. Section 34-32.5-121(2), C.R.S. requires that any person engaged in a mining operation shall notify the Division as soon as reasonably practicable of any failure of any Gillette Sand and Gravel, Inc., Gillette Pit/M-1992-009 MV-2019-033 2