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7. Pursuant to section 34-32.5-124(6)(b), C.R.S., once a permit has been <br />revoked by the Board, an operator may continue mining operations only for the <br />purpose of bringing the operation into compliance with the provisions of the permit. <br />Once the operation has satisfied the Board that it is in compliance, the permit shall <br />be reinstated. 34-32.5-124(6)(b), C.R.S. (2018). The Operator is now in compliance. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby reinstates permit number M-1978-208 with the following conditions and <br />requirements, as stipulated by the Division and Operator: <br />No later than 90 days from the effective date of this order, the Operator will <br />submit a Technical Revision to the Division addressing, at minimum, the following <br />issues: <br />1) Provide an accurate description of the existing high -wall material(s), <br />geotechnical characteristics, bench and wall configuration, and its location <br />relative to the approved permit boundary. <br />2) Geotechnical evaluation of the stability of the existing high -wall <br />configuration, with special consideration given to identify existing areas of <br />potential weakness and/or instability, and for recommendations to correct <br />these issues if observed. <br />3) Determination if the existing high -wall conforms to the requirements of <br />existing permit stipulation #1, which states that the quarry must be <br />configured with 12 foot benches by 35 foot high walls, with zones of <br />weathered rock laid back to no steeper than 1h:ly. <br />4) If the existing high -wall does not conform to the requirements listed in <br />stipulation #1, specify what additional work will be required to achieve the <br />currently required configuration. It will also need to be determined if any <br />additional work required will be able to be completed within the existing <br />permit boundary, or if a permit conversion will be required to enlarge the <br />permitted area. <br />5) This submittal shall be completed and certified by an independent, third - <br />party licensed geotechnical engineer. <br />6) The geotechnical evaluation as described above will supersede the existing <br />stipulation #2, and will be an enforceable part of the annual reporting <br />requirements for this site until such time as a revision to justify the <br />removal of this reporting requirement is approved by the Division. <br />Elk Creek Sand and Gravel, LLC <br />M-1978-208 <br />2 <br />