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.-_ r STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Western Earth Movers ) NOTICE AND Ms. Ruth Abbott ) ORDER TO PAY P.O. Box 1022 ) CIVIL PENALTY Montrose, CO 81402 ) To Western Earth Movers and all other persons engaged in or owning or controlling the Tripple R Pit mining operation located in NE 1/4 NE 1/4, Section 7, Township 47N, Range 8W of the 10th P.M., in Montrose County, Colorado. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following findings of fact: 1. Western Earth Movers is permitted to conduct a mining operation under the terms of permit M-91-097 located in NE 1/4 NE 1/4, Section 7, Township 47N, Range SW of the 10th P.M., in Montrose County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on August 24, 1994 to consider possible violation of the terms of Permit No. M-91-097 and C.R.S. 34-32-101 et sec. 3. On August 30, 1994, the Board issued Notice of Violation and Cease and Desist Order M-94-040 to Western Earth Movers. 4. On September 21, 1994 the Board conducted a hearing in accordance with C.R.S. 24-4-101 et seq• to consider assessment of civil penalities against Western Earth Movers and Ruth Abbott in conjunction with NOV No. M-94-040. 5. On September 21, 1994, evidence was presented to the Board that enough reclamation effort had been made by Western Earth Movers at the Tripple R Pit that the existing financial warranty was adequate to guarantee completion of the reclamation necessary at the site. BOARD ORDER Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-32-123(2) the Mined Land Reclamation Board hereby assesses a civil penalty in the amount of $6,800.00, $6,550.00 of which is to be suspended. The remaining $250.00 is to be paid to the Division of Minerals and Geology within 30 days of the signature date of this document.