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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 3/4 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 /> ' 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 />