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. _ . ~: o <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />0 <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-84-035 <br />Albert Frei - File No. 83-33 ) AND <br />Walstrum Mine ) CEASE AND DESIST ORDER <br />T0: Albert R. Frei and all other persons engaged in or owning or controlling <br />the following operation: Walstrum Mine located north of Highway 6 in <br />Clear Creek County where Highway 6 intersects with I-70. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, as amended, the Board hereby makes the <br />following findings of fact: <br />1. On September 11, 1984, Carol Russell and James McArdle observed <br />mine-related disturbance on the southside of Clear Creek, on the <br />opposite bank from the Walstrum Mine Scale House. <br />2. A road fill, approximately 15 feet x 1000 feet, was constructed of <br />fine materials and rock which originated from the Walstrum Mine. <br />3. Mine-related equipment was being stored on a one acre level <br />disturbance area on the east end of the road. <br />4. The disturbance and equipment storage described belong to <br />Albert R. Frei, and are related activities of the Walstrum Mine <br />operations; however, these activities are located outside of the <br />approved permit boundary. <br />CONCLUSIONS OF LAW AND NOTICE OF VIOLATION <br />1. Based on the Findings of Fact, and pursuant to 34-32-101 et. seq., <br />specifically, 34-32-103(1) and (8), 34-32-109 and 34-32-112, <br />Albert R. Frei has been found to be in violation of Permit No. 83-33 <br />for affecting lands outside of the permit boundary. <br />