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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT' OF NATURAL RESOURCES <br />IN THE MATTER OF: Rio Grande County ) NOTICE AND <br />P.O. Box 396 ) ORDER TO PAY <br />Del Norte, CO 81132 ) CIVIL PENALTY <br />To: Rio Grande County and all other persons engaged in or owning or controlling the <br />374 Pit mining operation located in SE/4 SE/4, Section 21, Township 40N, <br />Range 6E of the New Mexico P.M., in Rio Grande County, Colorado. <br />FIIVDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board <br />by C.R.S. 34-32.5-123, the Board hereby makes the foi(owing findings of fact: <br />1. On August 23, 1995 the Board conducted a hearing and found Rio Grande County <br />to be conducting the mining operation described above without a permit as <br />required by C.R.S. 34-32.5-101 et sec .. <br />2. On August 23, 1995 the Board issued Notice of Violation and Cease and Desist <br />Order M-95-055 to Rio Grande County. <br />3. On February 21, 1996 the Board conducted a hearing in accordance with <br />C.R.S. 24-4-101 et sew. to consider assessment of civil penalties against Rio Grande <br />County. <br />4. The Division of Minerals and Geology presented evidence at the Formal Public <br />Hearing on February 21, 1996, demonstrating that: <br />a. Rio Grande County submitted a complete conversion application to the <br />Division by the Board ordered due date converting the existing limited <br />impact 110(2) permit to a regular 112 operation permit. <br />b. Rio Grande County received approval of the conversion application on <br />February 16, 1996 (which was 3 days before the Board ordered due date). <br />