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,: STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN TFiE MATTER OF: TWK Enterprises ) NOTICE OF VIOLATION M-96-004 P.O. Box 404 ) AND Byers, CO 80103 ) CEASE AND DESIST ORDER TO: TWK Enterprises and all other persons engaged in or owning or controlling the following operation: Deer Trail Pit. FINDfNGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 3432.5-124, the Board hereby makes the following findings of fact: 1. TWK Enterprises is permitted Io conduct a mining operation under the terms of Permit M-88-090 located in Section 24, Township SS, Range 60W of the 6th P.M., in Arapahoe County, Colorado. Z. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 24, 1996 to consider possible violation of the terms of Permit M-88-090 and C.R.S. 34-32.5-101 et sec .. 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on January 24, 1996, demonstrating that: a. The operator had mined outside the west permit boundary. b. The operator had stored topsoil outside the permit boundaries. c. Total affected acreage disturbed outside the permit boundaries by mining activities was approximately 2 acres. NOTICE OF VIOLATION Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124(6), the Colorado Mined Land Reclamation Board hereby finds TWK Enterprises to be in violation of Permil M-88-090, specifically Exhibit site maps, Boundary Survey, August 29, 1988, and C.R.S. 34-32.5-116(4)(1). CEASE AND DESIST ORDER Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32.5-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders TWK Enterprises to: Cease and desist from conducting the following mining operations at the Deer Trail Pit -Permit M-88-090: mining activities outside the permit boundaries.