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.. <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Adience, Inc. ) NOTICE OF VIOLATION MV-97-004, <br />27 Noblestown Road ) CEASE AND DESIST ORDER <br />Carnegie, PA 15106 ) AND ORDER TO PAY CIVIL PENALTIES <br />TO: Adience, Inc. and all other persons engaged in or owning or controlling the following operation: <br />Siloam Mine, M-77-326. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, <br />the Board hereby makes the following findings of fact: <br />Adience, Inc. is permitted to conduct a mining operation under the terms of Permit M-77-326 located in <br />EI/2SW1/4 & WI/2SE1/4, Section 36, Township 21.S, Range 68.W, 6th Prime Meridian, in Pueblo <br />County, Colorado. ' <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on March 26, 1997 to consider <br />possible violation of the terms of Permit M-77-326 and C.R.S. 34-32-101 et sec <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on March 26, <br />1997, demonstrating that: <br />Adience, Inc. had disturbed approximately I acre outside the existing 9.9 acre permit area and was <br />therefore in violation of Section 34-32-116(7)(h) of the Colorado Mined Land Reclamation Act for failure <br />to protect areas outside the affected land from damage during the mining operation. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land <br />Reclamation Board hereby finds Adience, Inc. to be in violation of Permit M-77-326 and C.R.S. 34-32-116(7)(h). <br />