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~ III IIIIIIIIIIIIIIII ~ <br />999 <br />- STATE OF I;uLUn„uv <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Richard D. Mott <br />NOTICE OF VIOLATION M-88-O11 <br />AND <br />CEASE AND DESIST ORDER <br />T0: Richard D. Mott and all other persons engaged in or owning or controlling <br />the following operation: Mott Gravel Pit <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 following <br />findings of fact: <br />1. Richard D. Mott is permitted to conduct a mining operation under the terms <br />of Permit M-80-049 located in SE 1/4, SE 1/4, Section 31, Township 51 N, Range <br />6 W of the NM P. M., in Montrose County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />July Z7, 1988 to consider possible violation of the terms of Permit M-80-049 <br />and C.R.S. 34-32-101 et sea. <br />3. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on July 27, 1988, demonstrating that: <br />A) The Corporate Surety Bond No. 7930643 issued by the Millers Mutual Fire <br />Insurance Company of Texas in the amount of X2,500.00 was cancelled on <br />July 5, 1988. <br />B) The surety shall continue in force until reclamation is complete and <br />accepted by the Board for all areas disturbed while the surety was in <br />effect or until substitute surety is accepted, which includes all these <br />disturbances. <br />C) As of July 27, 1988 the Division has not received a replacement warrant <br />to cover any future expansion of mining activities. <br />NOTICE OF VIOLATION <br />Based upon these same findings of Fact and in accordance with C.R.S. <br />34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds Richard <br />D. Mott to be in violation of Permit M-80-049, specifically C.R.S. <br />34-32-117(6)(a), for failure to maintain financial warranty in good standing. <br />1 <br />