ENFORCE20613

• Permit No: M1977094
• IBM Index Class Name: Enforcement
• Doc Name: NOV M-86-075 & CEASE & DESIST ORDER
• Violation No.: MV1986075
• Media Type: D
• Archive: No

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STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF: ) NOTICE OF VIOLATION M-86-075
Morgan Sand & Gravel ) AND
File No. M-77-094 ) CEASE AND DESIST ORDER
T0: Morgan Sand & Gravel and all other persons engaged in or owning or
controlling the following operation: Section 34, T5N, P.58W, Morgan County
FINDINGS OF FACT
Pursuant to the authority vested in the State of Colorado Mined Land
Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following
findings of fact:
1. Morgan Sand & Gravel is permitted to conduct a mining operation under the
terms of Permit M-77-094 located in Section(s) 34, Township 5N, Range 58W of
the 6th P.M., in Morgan County, Colorado.
2. The t4ined Land Reclamation Board conducted a Formal Public Hearing on
October 24, 1986 to consider possible violation of the terms of Permit
M-77-094 and C.R.S. 34-32-101 et seq.
3. The Mined Land Reclamation Division presented evidence at the Formal
Public Hearing on October 24, 1986, demonstrating that:
a. Notice of "Order of Liquidation" of Allied Fidelity Insurance Company
was mailed to Morgan Sand & Gravel on July 29, 1986, advising them of
their need to provide new financial warranty.
b. Notice of reason to believe a violation exists and notice of formal
public hearing for consideration of possible Notice of Violation,
Cease and Desist, Civil Penalties, Revocation of Permit and Forfeiture
of Financial Warranty was mailed to Morgan Sand & Gravel on
September 29, 1986
c. To date, replacement Financial Warranty in the amount of E13,000.00
has not been provided as required by 34-32-117(6)