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<br /> <br />~II II~~I~~I~~~~~ ~I~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />NOV No. M-91-086 <br />FINAL ORDER <br />~.o..o.a.~.e <br />z <br />• ~ E <br />qr,Q,~( <br />IN TBE MATTER OF: ELBERT COUNTY, PERMIT NO. M-88-101 <br />This matter came before the Mined Land Reclamation Board <br />("Board") for a hearing on August 21 and September 18, 1991. The <br />Board hereby makes the following findings of fact and conclusions <br />of law, and enters the following order. <br />1. Pursuant to the Stipulation between Elbert County ("the <br />county") and the Mined Land Reclamation Division, a copy of which <br />is attached and incorporated by reference, the county does not <br />contest, and the Board hereby finds, the following violations: <br />a. Failure to stabilize and protect the outslope of the <br />berm as required by 534-32-116(7)(1) and Technical Revision <br />No. 1. <br />b. Failure to protect areas outside of the affected area <br />from damage as required by §34-32-116(7)(h). <br />c. Construction of a unpermitted road crossing in viola- <br />tion of the provisions of the permit. <br />2. Pursuant to §34-32-124(6), upon a finding that a viola- <br />tion of a permit provision has occurred, the Board may suspend <br />the permit. <br />3. The Board has been asked to revoke the permit for fail- <br />ure to identify certain mineral rights claimed by other individu- <br />als in its permit application. The county has claimed that the <br />interests held by such other individuals do not include an inter- <br />est in the sand and gravel. The question of whether the mineral <br />rights, if any, reserved to the other individuals includes an <br />interest in the mineral being mined presents a property rights <br />dispute. - ce <br />6oa-Y' i /; `I'~~ acs-what the Board <br />~luZ. ~Gnl.bC,. c~.eC~.wes fc c{cCi~, 't7~1~ C.lO~.l.~--• _ _ <br />