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., <br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: City of Colorado Springs ) NOTICE OF VIOLATION M-95-031 <br />Water Department ) AND <br />30 South Nevada, Suite 603 ) CEASE AND DESIST ORDER <br />Colorado Springs, CO 80903) AND <br />ORDER TO PAY CIVIL PENALTY <br />TO: City of Colorado Springs Water Department and all other persons engaged in or owning or <br />controlling the following operation: Hanna Ranch Gravel Pic No. 2., Permit No. M-92-074. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-32-124, the Board hereby makes the following findings of fact: <br />1. City of Colorado Springs Water Department is permitted to conduct a mining operation under <br />the terms of Permit M-92-074 located in the NW '/, Section 20, Township 165, Range 65W of <br />the 6th P.M., in El Paso County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on March 29, 1995 <br />to consider possible violation of the terms of Permit M-92-074 and C.R.S. 34-32-101 et se . <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />March 29, 1995, demonstrating that: <br />The City of Colorado Springs damaged land outside of the affected land boundary by placing <br />part of a topsoil stockpile outside of the permit boundary. <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 <br />Mined Land Reclamation Board hereby finds the City of Colorado Springs Water Department to be <br />in violation of Permit M-92-074, specifically Exhibit D, and C.R.S. 34-32-116(7)(h). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with <br />C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders the <br />City of Colorado Springs Water Department to: <br />