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5. Nonconformance with Enforceable Conditions in the Permit <br />The approved permit states that mining within 200 feet of manmade structures excavation will occur at <br />a 3 -1 slope so as not to adversely affect the stability of the structure". This condition appears to have <br />been violated as it relates to the mining on the eastern boundary adjacent to the Mountain Parks <br />Electric Poles. <br />The approved permit states that excavation to the east and west walls will occur at a 3 -1 slope. This <br />condition has been violated as it relates to the mining on the eastern boundary as noted in the <br />10/14/2014 inspection report which refers to a 25 foot high wall."' <br />The approved permit says the setback from property lines will be 25 feet.X " This condition has been <br />violated as there has been excavation within 10 feet of the eastern permit boundary as noted in the <br />10/14/2014 inspection report. <br />The approved permit indicates that the dig line will start 5 feet from the ROW liner "' This condition <br />appears to have been violated as it relates to the mining on the eastern boundary adjacent to the <br />Mountain Parks Electric line. <br />Dust <br />Dust at Kattenberg Pit: April 10, 2015 <br />Noise & Dust: "Water will be used to control dust generation on the roads in the mine """` Response in <br />Kattenberg Permit Application to concerns expressed by Jerry Claassen of the Division of Wildlife May <br />23, 2001 letter. <br />