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6. The permit also requires Operator to collect and submit groundwater <br /> monitoring data to the Division on an annual basis. Groundwater data is collected <br /> from seven piezometers on a quarterly basis. <br /> 7. Operator has not submitted the required groundwater data to the <br /> Division since 2015. <br /> 8. On April 1, 2021, the Division conducted an inspection of the site and <br /> found that Operator was constructing a new clay-lined reservoir in the area <br /> designated in the permit for topsoil and overburden storage to the west of Reservoir <br /> 2. The permit does not allow for the construction of this new reservoir. The <br /> Division sent Operator the inspection report on April 7, 2021. <br /> 9. On April 15, 2021, the Division issued Operator a Reason to Believe a <br /> Violation Exists letter informing Operator that it viewed Operator's unauthorized <br /> construction of another clay-lined reservoir and failure to submit groundwater <br /> monitoring data as violations of the permit and section 34-32.5-124, C.R.S. The <br /> letter also informed Operator that the matter had been set for a hearing before the <br /> Board at its May 19, 2021 meeting. <br /> 10. At the hearing, the Division presented testimony regarding the permit <br /> and what it allowed and required, Operator's construction of the unauthorized <br /> additional reservoir and the Operator's failure to submit the quarterly groundwater <br /> data collected on the site for 2016 through 2020. <br /> 11. The new reservoir is approximately thirty-five acres in size. Operator <br /> is in the process of installing the clay liner and is also building an earthen dam. <br /> 12. At the hearing, Operator presented testimony that it had been working <br /> with the Office of the State Engineer to obtain approval of an embankment dam and <br /> intended to submit a technical revision to the Division once it had approval from the <br /> Office of the State Engineer. Operator admitted that the work on the new reservoir <br /> was premature and committed to submit the water quantity data to the Division in <br /> the future. <br /> CONCLUSIONS OF LAW <br /> 13. 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. (2020). <br /> 14. Section 34-32.5-124(1), C.R.S. requires compliance with Board orders, <br /> permits, and regulations. Operator has failed to comply with the approved mining <br /> and reclamation plans in the Permit by constructing a clay-lined reservoir within <br /> the permit boundaries and by failing to submit quarterly water quantity data to the <br /> City of Lafayette <br /> M-2010-071 <br /> MV-2021-008 2 <br />