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12. Section 34-32.5-116(4)(d), C.R.S., prohibits any unauthorized release of <br /> pollutants to groundwater from any materials handled or disposed of within the <br /> permit area. By importing and using fill material that contains non-inert material, <br /> Operator failed to prevent the release of pollutants to groundwater from materials <br /> handled or disposed of within the permit boundaries. <br /> 13. Section 34-32.5-116(4)(h), C.R.S., requires all operators to minimize <br /> disturbances to the hydrologic balance, including the quality and quantity of <br /> groundwater. By backfilling the open groundwater pits with structural fill <br /> containing non-inert material, the Operator has failed to minimize the disturbances <br /> to the hydrologic balance. <br /> 14. Section 34-32.5-116(4)(g), C.R.S., and Rule 3.1.9(1) require operators to <br /> segregate and preserve topsoil removed during mining. Operator's approved mining <br /> plan stated that six to nine inches of topsoil would be stockpiled in the permit area <br /> for use in reclamation, but no topsoil stockpiles exist within the permit boundaries. <br /> By failing to segregate and stockpile topsoil, Operator has violated section 34-32.5- <br /> 116(4)(g) and Rule 3.1.9(1). <br /> 15. The Board may issue a cease-and-desist order if it determines that a <br /> violation of any provision of the Act, Rules, or the permit has occurred. § 34-32.5- <br /> 124(2), C.R.S. (2024). Operator violated the Act, the Rules, and its permit. <br /> 16. Section 34-32.5-124(7), C.R.S. provides for a civil penalty of not less <br /> than $100 and not more than $1,000 per day for each day during which a violation <br /> occurs. The Board may impose a penalty based on 62 days of violation. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby finds the Operator in violation of section 34-32.5-124(1) and Rule 3.1.5(9) for <br /> failure to comply with the conditions of the permit to backfill pits with inert <br /> material in accordance with the approved reclamation plan; section 34-32.5- <br /> 116(4)(e) for failure to dispose of refuse in a manner that controls unsightliness or <br /> deleterious effects of such refuse; section 34-32.5-116(4)(d) for failure to prevent the <br /> release of pollutants to the groundwater from any material handled or disposed of <br /> within the permit boundary; section 34-32.5-116(4)(h) for failure to minimize <br /> disturbance to the hydrologic balance; and section 34-32.5-116(4)(g) and Rule <br /> 3.1.9(1) for failure to remove and stockpile topsoil in accordance with the approved <br /> reclamation plan. <br /> The Operator shall CEASE AND DESIST any further activities on the affected <br /> lands, except those activities approved by the Division, in writing, necessary to <br /> comply with the condition of this Order, prevent damage to off-site areas, or to <br /> Southwest-Ready Mix, Inc. <br /> Alamosa Pit No. 2, File No. M-1983-175 <br /> MV-2024-026 4 <br />