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<br />-2- <br /> <br />b. Failure to protect areas outside of the affected land from <br />slides and damage during the mining operation and reclamation <br />pursuant to C.R.S 34-32-116(1)(1): <br />i. irrigation ditch sedimentation resulting from <br />erosion caused by overland flow originating from on-site <br />sources; <br />ii. cement and asphalt waste washing and falling onto <br />Santa Fe Road from deliberate washing of cement trucks <br />over the northern slope, and sloughing of asphalt/cement <br />waste piles deposited along the northern slope crest; <br />iii. head cutting at the crest of the reclaimed slope. <br />c. Failure to submit the 1985 annual report, map and fees, <br />pursuant to C.R.S. 34-32-116(1)(a). <br />d. Failure to submit the 1984 annual report and map, pursuant <br />to C.R.S. 34-32-116(1)(a). <br /> <br />e. Failure to seed the topsoil stpckpile as documented in <br />Permit No. 80-224 Reclamation Plan, and pursuarh to C.R.S. <br />34-32-116(1)(j). <br />s <br />B. The Board requested that a Drainage Control Plan and a <br />technical revision be submitted to the Division by June 21, 1985 as <br />corrective action. <br />C. Pursuant to C.R.S. 34-32-124(5), the Board scheduled a Formal <br />Public Hearing to consider the possibility of violation and levying <br />of a civil penalty for the July 21-22, 1985 Board meeting. <br /> <br />D. A technical revision with the Drainage Control Plan <br />incorporated therein was submitted to the Division on June 21, 1985. <br />E. The 1984 annual report and map, and the 1985 annual report, map <br />and fee were submitted to the Division on June 21, 1985. <br />NOTICE OF VIOLATION <br />Based upon the Findings of Fact and in accordance with C.R.S. <br />34-32-124(7), the Colorado Mined Land Reclamation Board hereby finds Mr. John <br />Ary, d.b.a. Fremont Paving and Redi-Mix, to be in violation of Permit No. <br />M-80-224. Specifically Exhibit E, and C.R.S. 34-32-116(1)(i),(j). <br />