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ENFORCE27218
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ENFORCE27218
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Last modified
8/24/2016 7:34:54 PM
Creation date
11/21/2007 11:33:01 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1988101
IBM Index Class Name
Enforcement
Doc Date
9/13/1991
Doc Name
FINAL ORDER
Violation No.
MV1991086
Media Type
D
Archive
No
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<br />does not have the jurisdiction to adjudicate ro is <br />putes~a~volving coal mines. Alth o orado Mined Land <br />Reclamation Act 'ML t expressly grant or deny the <br />Boar ~urisdi to deci a proper nerals <br />program, a above rule set out in the provisio SCMRA cited <br />abov pplies, by analogy, to mineral mines as well as coa <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 />S. The Board hereby assesses a civil penalty against <br />Elbert County in the amount of $ <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 />acytyion: <br />a. By ~~« 1, 1991 regrade, repair and commence revege- <br />,~~~ ~~~~°~ tation of the buffer zone and berm located above, and <br />J 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 />~~r'"'~~ a minimum Hof 25 feet in width. <br />~~:~. <br />b. By ~s~kobe-r 15, 1991, seed and mulched the buffer and <br />berm pursuant to Item 4 of the approved Reclamation Plan. <br />~~~: <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 Branch Creek. The application shall include <br />drawing and design information. The road crossing shall <br />-2- <br />
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