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eventually reach a culvert under Interstate 70. The letter also stated that "no <br />irrigation would take place within the permit area." <br />4. On May 27, 2020 the Division of Water Resources notified the Division <br />of irrigation being conducted by the Operator in or near the mine permit boundary. <br />5. The Division conducted an inspection of the site on June 1, 2020 and <br />observed the middle field being irrigated within the permit boundary. The Division <br />observed that a new water distribution line had been installed within the permitted <br />area, beginning in the middle of the southeast corner of the middle field and <br />extending down the east side of the middle field and parallel to the haul road. <br />Operator never informed the Division that the water conveyance line was installed <br />within the permit boundary, nor was it accounted for in the reclamation cost <br />estimate utilized by the Division to calculate the Operator's reclamation bond. <br />Approximately one third of the middle field is within the permit area, including the <br />newly installed irrigation infrastructure. Operator had previously installed <br />irrigation facilities for the middle field outside of the permit area. <br />6. On June 8, 2020, the Division conducted a follow up inspection of the <br />mining operation. During this inspection, the Division took GPS coordinates of the <br />permit boundary markers and of the water distribution lines installed along the <br />middle field. An additional 314 of an acre within the permit boundary had been <br />reworked and was being watered from June 1. Eight riser heads, a shut off valve, <br />and an air vent were all within the permit boundary. The Division determined that <br />the cumulative impact within the mine site was approximately 3.5 acres. <br />7. The Division issued Operator a Reason to Believe a Violation Exists <br />Letter on June 17, 2020 detailing several alleged violations that would be heard <br />before the Board at its July 2020 meeting. As relevant to this proceeding, the letter <br />cited failures to comply with conditions of the permit and with the approved mining <br />and reclamation plans by installing water conveyance structures within the mine <br />permit area.' <br />8. The Division informed Operator on July 2, 2020 that the hearing <br />before the Board was continued and rescheduled for the Board's August 19, 2020 <br />meeting. <br />1 Operator filed a motion for continuance on August 18, 2020 requesting that the <br />Board stay the hearing on all alleged violations. Through a separate order, the <br />Board denied in part and granted in part Operator's motion, with alleged violations <br />unrelated to the Board's September 26, 2019 Order remaining before the Board at <br />the August 19, 2020 hearing. <br />Rudolph Fontanari <br />M-1996-076 <br />MV-2020-023 <br />2 <br />