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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: South Park Aggregates) NOTICE OF VIOLATION M-86-076 <br />File No. M-82-086 ) AND <br />CEASE AND DESIST ORDER <br />T0: South Park Aggregates and all other persons engaged in or owning or <br />controlling the following operation: Section 34, T9S, R77W and Sections 2 and <br />3 T10S, R77W, Park County <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. South Park Aggregates is permitted to conduct a mining operation under the <br />terms of Permit M-82-086 located in Section(s) 34, Township 9 South, Range 77 <br />West of the 6th P.M., in Park County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />October 24, 1986 to consider possible violation of the terms of Permit <br />M-82-086 and C.R.S. 34-32-101 et seq. <br />3. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on October 24, 1986, demonstrating that: <br />a. Notice of "Order of Liquidation" of Allied Fidelity Insurance <br />Company was mailed to Soutfi Park Aggregates on August 14, 1986, <br />advising them of their need to provide new financial warranty. <br />b. Notice of reason to believe a violation exists and notice of formal <br />public hearing for consideration of possible Notice of Violation, <br />Cease and Desist, Civil Penalties, Revocation of Permit and <br />Forfeiture of Financial Warranty was mailed to South Park <br />Aggregates on September 29, 1986 <br />c. To date, replacement Financial Warranty in the amount of E18,600.00 <br />has not been provided as required by 34-32-117(61 <br />