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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-96-060 <br />Fremont Paving and Redi-Mix, lnc. ) AND <br />P. O. Box 841 ) CEASE AND DESIST ORDER <br />Canon City, CO 81215-0841 <br />TO: John P. Ary, Fremont Paving and Redi Mix, Inc., and all other persons engaged in or owning <br />or controlling the following operation: Florence Pit (Permit No. M-95-008) located in NW <br />Section 16, Township 19 South, Range 69 West, 6th P.M., Fremont County. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. <br />34-32.5-124, the Boazd hereby makes the following findings of fact: <br />Fremont Paving and Redi-Mix, Inc. is permitted to conduct a mining operation under the terms <br />of Permit M-95-008 located in Northwest 1/4, Section 16, Township 19 South, Range 69 West <br />of the 6th P.M., in Fremont County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on November 13, 1996 <br />to consider possible violation of the terms of Permit M-95-008 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 />November 13, 1996, demonstrating [hat: <br />Fremont Paving and Redi-Mix, Inc. had failed to protect areas oatside <br />the affected land of [he Florence Pit (Permit M-95-008) from damage <br />during the mining operation. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124(6), [he Colorado <br />Mined Land Reclamation Boazd hereby finds Fremont Paving and Redi-Mix, Inc., to be in violation of <br />Permit M-95-008, and C.R.S. 34-32.5-116(4)(1). <br />