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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-90-031 <br />Southway Construction Company ) AND <br />CEASE AND DESIST ORDER <br />T0: Southway Construction Company and all other persons engaged in or owning <br />or controlling the following operation: Southway Pit, located in Section 21, <br />Township 305, Range 72W, of the 6th Prime Meridian, Costilla County, Colorado. <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. Southway Construction Company is permitted to conduct a mining operation <br />under the terms of Permit M-81-153 located in Section 21, Township 305, <br />Range 72W, of the 6th Prime Meridian, Costilla County, Colorado. <br />• 2. On January 1, 199() the Mined Land Reclamation Board directed the Mined <br />Land Reclamation Division to automatically assess civil penalties to operators <br />who have violated the terms of their permit and the Act, <br />C.R.S. 34-32-101 et sea. in regard to Annual Fees and Annual Reports: <br />3. The Mined Land Reclamation Division has determined that the S350.00 Annual <br />Fee and Notice of Int~ant to Continue Mining (Annual Report) for 1990, and Map <br />for Permit No. M-81-1'i3 were due by no later than April 5, 1990. <br />a. To date, these items have not been submitted to the Mined Land <br />Reclamation Division. <br />NOTICE OF VIOLATION <br />Based upon the forepoinp Findings of Fact, and in accordance with the Board <br />Order, Southway Construction Company is in violation of Permit No. F1-81-153 <br />and C.R.S, 34-32-116(3) and f4 ). <br />L <br />