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oii oiooiooiooooooio ~ <br />999 <br />Mined Land Reclamation Division <br />Albert R. Frei <br />Walstrum Mine <br />File No. 83-33 <br />Proposed Findings of Fact and Conclusions of Law <br />A. <br />Findings of Fact <br />On September 11, 1984, Carol Russell and James McArdle observed <br />mine-related disturbance on the south side of Clear Creek, on the <br />opposite bank from the Walstrum Mine Scale House. <br />B. <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 Albert R. <br />Frei, and are related activities of the Walstrum Mine operation; <br />however, these activities are located outside of the approved <br />permit boundary. <br />Conclusions of Law <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. <br />83-33 for affecting lands outside of the permit boundary. <br />Date: ~C1 Z~~,Y'~ <br />/md <br />Mined Land Reclamation Board <br />hairman <br />Doc. No. 4896E <br />