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<br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />NOV No. M-91-086 <br />STIPULATION <br />~~ <br />IN THE MATTER OF: ELBERT COUNTY, PERMIT NO. M-88-101 <br />The Mined Land Reclamation Division ("Division") and Elbert <br />County ("the county") hereby stipulate to the facts and conclu- <br />sions of law set out herein. The Division and the county further <br />propose, and consent to the terms of the attached order. This <br />stipulation and the attached proposed order are subject to the <br />approval of the Mined Land Reclamation Board ("Board"). <br />1. The county is permitted to conduct a mining operation <br />under the terms of Permit M-88-101 ("the permit") located in <br />E1/2, S1/2 SE1/4 NW1/4, Section 4, Township lOS, Range 62W of the <br />6 P.M., in Elbert County, Colorado. The mine site is known as <br />the Fondis Pit. <br />2. On July 9, 1991, the Division served the county with <br />notice of a hearing before the Board for failure to stabilize the <br />outslope of a berm on the Fondis Pit, as required by the permit. <br />3. The outslope of the west berm of the pit, adjacent to <br />the Spring Branch Creek, has not been stabilized by riprap which <br />was to accomplished by May 31, 1991 as a condition to the <br />approval of Technical Revision O1. Further, the berm and <br />outslope has not been vegetated for erosion control as required <br />by the approved permit. <br />4. The failure to stabilize and protect the outslope of <br />the berm so as to effectively control erosion and attendant air <br />and water pollution violated the requirement of $34-32-116(7)(1), <br />C.R.S. <br />5. At the Board meeting held on August 21, 1991 to con- <br />sider the county's failure to stabilize the berm, Mr. James <br />Taylor, a landowner downstream Erom the Fondis Pit, claimed that <br />his property had been damaged when the road crossing for Fondis <br />