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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: PERMIT N0. M-88-101) NOTICE OF VIOLATION M-91-086 <br />FRANK STARKEY, ELBERT COUNTY COMMISSIONERS) AND <br />P.O. BOX 597, KIOWA, COLORADO 80117 ) ORDER <br />T0: County of Elbert, Elbert County Board of Commissioners, Frank Starkey and <br />all other persons engaged in or owning or controlling the following operation: <br />Fondis Pit, Permit No. M-88-101. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. Elbert County is permitted to conduct a mining operation under the terms <br />of Permit M-88-101 located in E1/2 SW1/4, Sl/2 SE1/4 NWl/4, Section 4, <br />Township 105, Range 62W of the 6th P.M., in Elbert County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />August 21, 1991 to consider possible violation of the terms of Permit M-88-101 <br />and C.R.S. 34-32-101 et seq. <br />3. The outslope of the (west) berm of the pit, adjacent to Spring Branch, had <br />not been stabilized by riprap which was to be accomplished by May 31, 1991 as <br />a condition to approval of Technical Revision Ol. Further, the berm and <br />outslope had not been vegetated for erosion control as approved. <br />4. Elbert County did not stabilize and protect the outslope of the berm so as <br />to effectively control erosion and attendant air and water pollution as <br />required by 34-32-116(7)(1), C.R.S. <br />