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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Gunnison County ) NOTICE OF VIOLATION M-96-043 <br />11th & Rio Grande ) AND <br />Gunnison, CO 81230) CEASE AND DESIST ORDER <br />TO: Gunnison County and all other persons engaged in or owning or controlling the following <br />operation: Nicolas Brothers Pit, Permit No. M-91-104. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. <br />3432.5-124, the Board hereby makes the following findings of fact: <br />1. Gunnison County is permitted to conduct a mining operation under the terms of Permit M-91- <br />104 located in Section(s) 2, Township 47 N, Range 6 W of the 10 P.M., in Gunnison County, <br />Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on August 29, 1996 <br />to consider possible violation of the terms of Permit M-91-104 and C.R.S. 34-32.5-101 et sec. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />August 29, 1996, demonstrating that: the operator had allowed mining-related damage to occur <br />outside the permit area. <br />