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r STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Hardrock Sand & Gravel ) NOTICE OF VIOLATION M-96-003 P.O. Box 141 ) AND Craig, CO 87626 ) CEASE AND DESIST ORDER TO: Hardrock Sand & Gravel and all other persons engaged in or owning or controlling the following operation: Martin Pit. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32.5-124, the Board hereby makes the following findings of fact: 1. Hardrock Sand & Gravel is permitted to conduct a mining operation under the terms of Permit M-90-140 located in Section 13, Township 6N, Range 91W of the 6th P.M., in Moffat County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 25, 1996 to consider possible violation of the terms of Permit M-90-140 and C.R.S. 34-32.5-101 et sec .. 3. The Division of Minerals and Geology presented evidence a[ the Formal Public Hearing on January 25, 1996, demonstrating that: The operator had stored topsoil outside the. permitted boundaries. NOTICE OF VIOLATION Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124(6), the Colorado Mined Land Reclamation Board hereby finds Hardrock Sand & Gravel to be in violation of Permit M-90-140 and C.R.S. 34-32.5-116(4) (i). CEASE AND DESIST ORDER Based upon these same Findings of Fad and Notice of Violation, and in accordance with C.R.5.34-32.5-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders Hardrock Sand & Gravel to: ' Cease and desist from conducting the following mining operations at the Carpenter Pit -Permit M-90-140: storing topsoil outside the permit boundaries. 2. Mail, within one (q day after receipt of this Notice, to the Mined Land Reclamation Board, written notice of your compliance with paragraph one (p of this Cease and Desist Order.