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STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: General Operating Co., lnc. ) Notice of Violation P.O. Box 223 1 MV-98-030 Yampa, CO 80483 TO: Mr. Doug Redmond and all other persons engaged in or owning or conVOlling the following operation: Gardner Gravel Pit, File No. M-79-034 FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34- 32.5-124, the Board hereby makes the following findings of fact: General Operating Co., Inc. is permitted to operate a 110 Construction Materials Permit under the terms of Permit M-79-034, located in Section 35, T4N, R85 W, 6th P.M., in Routt County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on September 23, 1998 to consider possible violation of the terms of Permit M-79-043 and C.R.S. 34-32.5-101 et~eq. 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on September 23, 1998 demonstrating that; General Operating Co., Inc. had failed to obtain a Construction Materials Permit prior to engaging in mining and reclamation activities in violation of C.R.S. 34-32.5-109(1). Specifically, the operator engaged in mining activities outside of their previously permitted area. NOTICE OF VIOLATION Based upon these same findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds General Operating Co., Inc. to be in violation of Permit M-74-034 and C.R.S. 34-32.5-109(1) for failing to obtain a Construction Materials Permit prior to engaging in mining and reclamation activities. Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32.5- 124(2), (6) and (7), the Colorado Mined Land Reclamation Board hereby orders General Operating Co., Inc. [o complete the following corrective actions: