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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL <br />IN THE MATTER OF: Telluride Gravel, Inc.) AMENDED <br />P.O. Box 445 ) CEASE AND DESIST ORDER <br />Telluride, CO 81435 ) NOTICE OF VIOLATION M-93-017 <br />TO: Telluride Gravel, inc., Gary Bennett, Peter Ballode and all other <br />persons engaged in or owning or controlling the following operation: <br />Alexander Pit, portions of Sections 31 and 32, Township 43N, Range 9W, <br />N.M.P.M., San Miguel 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' <br />following findings of fact: <br />1. Telluride Gravel, Inc. is permitted to conduct a mining operation <br />under the terms of Permit M-76-032 located in portions of Section(s) <br />31 and 32, Township 43N, Range 9N of the N.M.P.M., in San Miguel <br />County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public <br />Hearing on May 27, 1993 to consider possible violation of the terms of <br />Permit M-76-032 and C.R.S. 34-32-101 et sea. <br />3. 'The Mined Land Reclamation Board subsequently found Telluride <br />Gravel, Inc. to be in violation of Permit M-76-032 and <br />C.R.S. 34-32-112(2)(b), 34-32-112(c), and 34-32-112(2)(d) and issued <br />Notice of Violation M-93-017 and a Cease and Desist Order which <br />required Telluride Gravel, Inc., as a corrective action abating Notice <br />of Violation M-93-017, to submit an appropriate Technical Revision to <br />the permit for the Alexander Pit (Permit M-76-032) by July 1, 1993 and <br />secure approval by August 24, 1993. <br />4. As a result of a request by Telluride Gravel, Inc., the <br />Mined Land Reclamation Board conducted a Formal Public Hearing on <br />July 21, 1993 to reconsider the corrective action date of July 1, <br />1993. <br />5. Evidence was presented by Telluride Gravel, Inc. and the Division <br />of Minerals and Geology during the reconsideration on July 21, 1993 <br />that the corrective action date of July 1, 1993 could not be met by <br />Telluride Gravel, Inc. for good cause shown. <br />