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12/12/2000 11:50 9707295855 BENDELOW TELLURILiE PAGE 05 5-404 E. II. In addition, a developer shall: a. Provide mechanical support for all cuts; b. ConQne cuts and fills and grading and scraping to the minimum area needed for eoavtruction; c. Provide for stability end revegetation of cut and fill slopes; and, d. Retain a certified engineer to design a soil absorption sewage disposal system. SECTION 1-15: LAND USE CODE VIOLATIONS Tha following ate Land Use Code violations that aze subject to the enforcement remedies and penalties provided by the Code: 1-1501 Development w(thont a Development Petmit: To engage in development within the County without a development permit for such development, obtained in accordance with the provisions of this Code. 1-1502 Development Inconsistent with s Development Permit: To engage is development within the County in any way inconsistent with the development permit for such development. 1-1503 Violation of Development Pormit Conditions: To violate, by act or omission, any term or condition of say development permit. 1-1504 Land Use Code Violations: To erect, conshuck recrntsnuo[, alter, maintain or use a~ building or structure or to use a4Y land in violation of any provision of this Code or any amendments thereto. VYIIEREAS, based upon competent evidence received into the record of the November 8, 2000 public hearing, the Board does hereby find and determine that: a. The Pit access road corstructed pursuant to the 1993 Development and Building Permits, approximately 975' long, is located on a 511 slope that, according to Robert Thompson's expert testimony, in certain locations speufied on Public Service Company Exhibit 19, exceeds thirty percnt, which violates both the terms and conditions of the County Development Permit issued on or about September 28, 1993, as well as LUC section 5-004 E. Geologic Hazard Areas, Slopes Greater Than 30 Percent; b. Since 1993, a portion of the Pit access road, estimated to be over 1000' long, has been constructed both within and in proximity to the pre-existing Rio Grande Southern Railroad grade, which construction included, but was sot limited to, signi(3cent alterations, improvements to, and the expansion of, the existing railroad grade; which improvements to the Pit access road axe Iocated fiom its inter9ectien with 975' section of access road constructed from State Highway 145 to the Pit; according to Robert Thompson's expert testimony, the Gll slope supporting this portion of the Pit access toad, in those certain locations specified oa Public Setice Compatty Exhibit 19, exceeds thirty percent, which violates LUC section 5-404 E. Geologic Hazard Areas, Slopes Greater Than 30 Percent;