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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-85-055 <br />Mr. John L. Ary - Permit No. M-80-224 ) AND <br />d.b.a. Fremont Paving and Redi-Mix ) BOARD ORDER <br />T0: Mr. Jahn Ary and all other persons engaged in or owning or controlling <br />the following operation: McKenzie Pit <br />FINDINGS OF FACT <br />Pursuant to the authority a of Colorado Mined Land <br />Reclamation Board by C.R. 34 -12 t Boar ereby makes the ollowing <br />findings of fact: <br />1. Mr. hn y is c duc g a mining t 1 ow~ <br />cation: <br />S 1/4 ion 1 and SE 1/4 Section 2, Tl , <br />~j1f~ 6th P.M., Fremont County, Colorado <br />The Colorado Mined Land Reclamation Division conducted an inspection <br />ite on May 8 and 9, 1985. <br />3. One May 23, 1985, as required by C.R.S. 34-32-124(1), the Colorado <br />Mined Land Reclamation Board found Reason to Believe that a violation of <br />Permit No. M-80-224, and C.R.S. 34-32-101 et s~ce had occurred. <br />A. The alleged violations were identified as: <br />a. Failure to minimize disturbance to the hydrologic balance <br />pursuant to C.R.S. 34-32-116(1)(h): <br />i. overland flow originating from the processing area <br />was traversing down the northern slope, creating <br />erosional gullies, flowing into, with subsequent <br />sedimentation of the irrigation ditch; <br />ii. overland flow issuing from the broken irrigation <br />pipe traversed down the northern slope creating erosion <br />gullies, flowing into the irrigation ditch, causing <br />sedimentation, as well as transporting oil from the <br />asphalt batch plant leak. <br />