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<br />August 15, 1991 <br />i <br />On this date the Elbert County Board of County Commissioners met and approved <br />this resolution committing the County to perform Corrective Actions at the <br />Fondis Mine, CMLRD Permit M-88-101 as detailed below: <br />A. Submit this agreement to the Colorado Mined Land Reclamation Division by <br />Thursday August 15, 1991 to forestall further enforcement actions by the <br />CMLRD against Elbert County, as indicated in correspondence from the <br />CMLRD of July 3, 1991; <br />B. Complete the following Corrective Actions at the Fondis Mine: <br />1. By October 1, 1991, repair and commence revegetation activities of <br />the 25 foot buffer and berm located atop and immediately adjacent <br />to the east bank of the affected reach of West Bijou Creek. Irt the <br />event that the overcast material forming the outslope of the berm <br />has been removed by stream action and the previous streambank <br />exposed, riprap and revegetation of the outslope of the berm will <br />no longer be a requirement under the terms of this agreement. <br />2. By October 15, 1991 seed and mulch the buffer and berm as per <br />Item 4 of the approved Reclamation Plan. <br />3. By October 1, 1991, submit a Technical Revision to CMLRD which <br />provides a drawing and design information for the mine access road <br />crossing over West Bijou Creek ,and which complies with the <br />requirements of the U.S. Army Corps of Engineers. <br />4. 8y October 15, 1991, submit photographs and dates of the Corrective <br />Actions specified in B1 and 2 as well as of the removal of the <br />culverts and fill from the previous mine access road crossing over <br />West Bijou Creek from the creek bed to the extent possible and <br />reasonable. <br />C. Elbert County understands that this agreement to perform the above stated <br />Corrective Actions does not forestall planned enforcement action by the <br />CMLRD at the 21 and 22 August 1991 CMLRD Board Meeting, at which time the <br />CMLRD will recommend a violation and possible civil penalties against <br />Elbert County for alleged failure to complete stabilization measures on <br />the above mentioned berm within the timeframe specified by the original <br />permit and TROT as reflected in notification by the CMRLD of 9 July 1991. <br />D. Elbert County understands that this agreement is mutual with the CMLRD in <br />that it modifies the timetables and Corrective Action previously <br />specified by the CMLRD in correspondence from your office of 3 July 1991, <br />to the extent detailed above. No further action is implied or expected <br />as part of this Corrective Action by the CMLRD except as detailed above. <br />As affirmed by the Elbert County Board of County Commissioners. <br />7664F/scg <br />