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<br />-2- <br /> <br />ii. Failure to protect areas outside of the affected land from <br />slides and damage during the mining operation and reclamation <br />pursuant to C.R.S. 34-32-116(1)(1); <br />a. irrigation ditch sedimentation resulting from erosion <br />caused by overland flow originating from on-site sources, <br />b. cement and asphalt waste washing and falling onto <br />Santa Fe Road from deliberate washing of cement trucks <br />over the northern slope, and sloughing of asphalt/cement <br />waste piles deposited along the northern slope crest, and, <br />c. head cutting at the crest of the reclaimed slope. <br />iii. Failure to submit the 1984 annual report and map, pursuant to <br />C.R.S. 34-32-116(1)(a). <br />iv. Failure to seed the topsoil <br />No. 80-224 Reclamation Plan, <br />C.R.S. 34-32-116(1)(j). <br />stockpile as documented in Permit <br />and pursuant to <br />B. The Board requested that a Drainage Control Plan and a technical <br />revision be submitted to the Division by June 21, 1985 as <br />corrective action. <br />C. Pursuant to C.R.S. 34-32-124(5), the Board scheduled a Formal <br />Public Hearing to consider the possibility of violation and <br />levying of a civil penalty for the July 21-22, 1985 Board meeting. <br />D. A technical revision with the Drainage Control Plan incorporated <br />therein was submitted to the Division on June 21, 1985. <br />E. The 1984 annual report and map, and the 1985 annual report, map <br />and fee were submitted to the Division on June 21, 1985. <br />NOTICE OF VIOLATION <br />Based upon the Findings of Fact and in accordance with C.R.S. <br />34-32-124(1), the Colorado Mined Land Reclamation Board hereby finds Mr. John <br />Ary, d.b.a. Fremont Paving and Redi-Mix, to be in violation of Permit No. <br />M-80-224. Specifically, Exhibit E and C.R.S. 34-32-116(1)(1) and (j). <br />