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<br />4. Furthermore, even if the Board could determine that the <br />county does not have full title to the gravel on the site, there <br />has not been any showing that the Board has the authority to <br />revoke the permit. It is undisputed that the county owns the <br />surface rights and at least fifty percent of the mineral rights. <br />Therefore, the county has access to the site to perform its <br />reclamation obligations under the MLRA. Accordingly, the prop- <br />erty rights dispute is not a ground for revoking the county's <br />permit. <br />ORDER <br />5. The Board hereby assesses a civil penalty against <br />Elbert County in the amount of $ 3,100.00. <br />6. Permit No. M-88-101 is hereby suspended until the all <br />of the corrective action described below has been completed. <br />Pursuant to §34-32-124(6)(b), the county shall not continue <br />mining operations during the period of suspension except as <br />necessary to bring the mining operation into satisfactory compli- <br />ance with the provisions of the permit. <br />7. The county shall perform the following corrective <br />action: <br />a. By November 1, 1991 regrade, repair and commence reveg- <br />etation of the buffer zone and berm located above, and <br />immediately adjacent to, the east bank of the affected <br />reach of Spring Branch Creek. The berm shall have a 3:1 or <br />gentler slope and, together with the buffer zone, shall be <br />a minimum of 25 feet in width. <br />b. By November 15, 1991, seed and mulched the buffer and <br />berm pursuant to Item 4 of the approved Reclamation Plan. <br />c. By October 1, 1991 submit a complete and adequate <br />application to the Division for a mine access road crossing <br />over Spring Hranch Creek. The application shall include <br />drawing and design information. The road crossing shall <br />comply with the requirements of the U.S. Army Corps of <br />Engineers. In the event that the road crossing set out in <br />the Technical Revision, as finally approved, differs form <br />the road crossing already constructed, then the permit sus- <br />pension shall remain in effect until the road crossing is <br />constructed as finally approved. <br />d. By January 31, 1992 remove from the creek bed: <br />-2- <br />