2020-06-04_ENFORCEMENT - M1999058

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Violation No. MV- 2020-006 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF COLORADO STONE QUARRIES, INC., Permit No. M- 1999-058 THIS MATTER came before the Mined Land Reclamation Board ("Board") on March 25, 2020 in Denver, Colorado for a hearing to consider a possible violation by Colorado Stone Quarries, Inc. ("CSQ"), corrective action, and civil penalties for unauthorized release of pollutants to groundwater, failure to minimize disturbance to the hydrologic balance with regards to water quality, and by failing to comply with the conditions of Reclamation Permit, file number M-1999-058. Assistant Attorney General Scott Schultz appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). Jay Sturhahn, and Chris Clemenson, Esqs. appeared on behalf of CSQ. The Board, having considered the Stipulation Settlement Agreement Between the Division of Reclamation, Mining, and Safety and Colorado Stone Quarries, Inc. ("Agreement") and the parties' presentations, and being otherwise fully informed of the facts in the matter, hereby states that it agrees with and approves the terms of the Agreement, and orders the following: FINDINGS OF FACT 1. The Board adopts and incorporates the Background Facts and Findings, paragraphs 1 through 17, of the Agreement as if set forth fully herein. The Agreement is attached hereto. CONCLUSIONS OF LAW 2. The Board has jurisdiction over this matter pursuant to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2019) ("Act"). 3. Based on the facts and findings contained in the Agreement, CSQ has violated the following provisions of the Act: a. section 34-32.5-116(4)(d), C.R.S. by the unauthorized release of pollutants to groundwater; b. section 34-32.5-116(4)(h), C.R.S. by failing to minimize disturbance to the prevailing hydrologic balance with regards to water quality;