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<br />-2- <br />c. Failure to minimize disturbance to the hydrologic balance <br />pursuant to C.R.S. 34-32-116(1)(h). <br />d. Silted water was directly discharged into Plume Creek in <br />violation of C.R.S. 34-32-116(1)(h) and in violation of Permit 74-41, Exhibit <br />D - Mining Plan, Exhibit E - Reclamation Plan and Exhibit G - Water <br />Information, for constructing a settling pond on the property. <br />4. In addition, at the May 22, 1985 Formal Hearing, the Board issued a <br />cease and desist order, directed Lawrence Construction to submit a totally <br />revised mining and reclamation plan in the form of an amendment to be heard at <br />the September 25-26, 1985 Soard meeting and set the matter for Formal Hearing <br />at the June 25-26, 1985 Board meeting to consider civil penalties. <br />5. On June 26, 1985, in accordance with C.R.S. 34-32-124, the Board <br />conducted a Formal Public Hearing. The Board reconsidered the action taken at <br />the May 22, 1985 Formal Hearing relating to the Notice of Violation/Cease and <br />Desist Order in order to consider the civil penalty question. The Board made <br />the following findings in accordance with C.R.S. 34-32-124(6). <br />a. The Board confirmed a violation for failure to properly salvage <br />topsoil pursuant to C.R.S. 34-32-116(1)(8). In particular, the operator was <br />allowing topsoil to fall into the active pit area and was hauling topsoil off <br />site. <br />b. The Board found a violation for mining in an area that was not <br />designated to be disturbed in Permit 74-41, Exhibit C - Pre-Mining and Mining <br />Plan Map and Exhibit E Reclamation Plan. In particular, the operator placed <br />stockpiles, settling ponds and a motor pump with associated access roadways <br />east of elevation 5565. <br />c. The Board vacated the violation of failure to minimize <br />disturbance to the hydrologic balance in compliance with C.R.S. <br />34-32-116(1)(h). <br />d. The Board confirmed a violation for discharging silted water <br />directly into Plum Creek and constructing a settling pond on the property <br />contrary to C.R.S. 34-32-116(lj(h) and Permit No. 74-41, Exhibits D, E, and G. <br />