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• • 2 <br />There is approximately 210 linear feet of levee repair constructed by UDFCD. <br />Area 3 : Approximately 30+ linear feet of 6-8' cut, vertical bank of the realigned Bull Seep approximately 510 <br />linear feet south of the south end of the emergency flood control levee established by UDFCD. <br />Area 4 : An unknown length of relocated Bull Seep within the permit area that has been downcut an estimated <br />2+ feet and has thereby affected the piezometric surface in the affected land and surrounding area. <br />Offsite damage, describe - For the Bull Seep Slough outside the permit boundary : 1) at least 2100 linear feet of <br />severely eroded and unstable cut banks, 2) the cut banks have increased in height by an additional 3-5 feet, 3) <br />the invert of [he Bull Seep Slough channel has dropped or downcut 3.5 to 6.0 feet from known levels prior to <br />the May 5, 2001 levee failure, and 4) the Bull Seep Slough channel has widened up to an additional 90 feet <br />(channel widths prior to May 5, 2001 ranged from 10 to 70 feet). It is likely that these damages have resulted <br />in a significant drop of the water table or peizometric surface in the parcel of land between the South Platte <br />River and [he Bull Seep Slough, and have adversely affected the health of the woody riparian vegetation within <br />such parcel. An adjacent landowner, Ken McIntosh owns a portion of this parcel and has expressed a concern <br />over the death and/or injury to a number of mature cottonwood trees that occur within his property. <br />Health or safety hazard, describe - <br />STATUTE(S) VIOLATED AND DESCRH'TION <br />C.R.S. 34-32.5-116(1) Every operator to whom a permit is issued pursuant to this Article shall <br />perform the reclamation prescribed by the reclamation plan adoped pursuant to this section. <br />HISTORY OF VIOLATIONS <br />a. Any outstanding corrective actions or unpaid civil penalties'? None <br />b. History of any and all past violations and timeliness of corrective actions. <br />1. MV 2001004 issued on 1/8/01 for failure to pay annual fees. Operator paid annual fee of <br />$688 on 1/16/01. Operator paid civil penalty of $688 on 1/26/01. <br />2. MV 1989020 issued on 10/18/89 for failure to comply with the mine plan. Civil penalty of <br />$25,000 was due on 11/17/89 and was paid in full on 11/14/89. (On 5/24/90 MLRB <br />reconsidered MV 1989020 and revised the civil penalty amount to $10,000, therefore $15,000 <br />was returned to the operator). Operator was ordered to submit an application for a permit <br />amendment by 1 1/17/89 to modify the mining and reclamation plan. The operator filed an <br />application for a permit amendment on 11/13/89, which was later approved on 7/25/90. <br />