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<br /> <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Mr. Joe Jay ) NOTICE OF VIOLATION M-93-032 <br />Yuma County Road Dept.> AND <br />1310 S. Blake ) CEASE AND DESIST ORDER <br />Wray, CO 80758 ) <br />T0: Mr. Joe Jay and all other persons engaged in or owning or controlling the <br />following operation: Ekberg Pit, Permit No. M-81-256. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. Yuma County is permitted to conduct a mining operation under the terms of <br />Permit M-81-256 located in SE1/4 SEl/4, Section 36, Township 4S, Range 43W of <br />the 6th P.M:, in Yuma County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />August 25, 1993 to consider possible violation of the terms of Permit M-81-256 <br />and C:R.S. 34-32-101 et seq. <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on August 25, 1993, demonstrating that: <br />a. Operator has failed to protect areas outside the affected land from <br />damage during the mining operation and has mined outside the present <br />permit area. <br />