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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-86-084 <br />M S Corporation ) AND <br />CEASE AND DESIST ORDER <br />T0: M S Corporation and all other persons engaged in or owning or controlling <br />the following operation: M & M Sand and Gravel <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Flined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. M S Corporation is permitted to conduct a mining operation under the terms <br />of Permit M-78-056 in Section(s) 3, 9 & 10, Township 5N, Range 65W of the 6th <br />P.M., in Weld County, Colorado. <br />2_. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />November 21, 1986 to consider possible violation of the terms of Permit <br />M-78-056 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 November 21, 1986, demonstrating that: <br />a. The 1986 annual fee of E350.00 and annual report for Permit No. <br />M-78-056 were due to be submitted to the Mined Land Reclamation Division <br />by no later than September 26, 1986. <br />b. To date, the Division has not received the aforementioned annual fee <br />and report. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with <br />C.R.S. 34-32-124(6), the Colorado dined Land Reclamation Board hereby finds <br />M S Corporation to be in violation of Permit M-78-056, specifically those <br />portions requiring submittal of annual fees and reports, and C.R.S. <br />34-32-116(1)(a). <br />