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~.. z STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Ouray County ) NOTICE OF VIOLATION M-95-051 P.O. Box 572 ) AND Ouray, CO 81427 ) CEASE AND DESIST ORDER TO: Ouray County and all other persons engaged in or owning or controlling the following operation: Ouray County Gravel Pit. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fad: 1. Ouray County is permitted to conduct a mining operation under the terms of Permit M-78-268 located in the NW Ya, Section 3, Township 45N, Range SW of the New Mexico P.M., in Ouray County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on July 27, 1995 to consider possible violation of the terms of Permit M-78-268 and C.R.S. 34-32-101 et seg 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on July 27, 1995, demonstrating that: Ouray County damaged areas outside of the affected land boundary. NOTICE OF VIOLATION Based upon these same Findings of Fac[ and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds Ouray County to be in violation of Permit M-78-268, specifically Exhibits C and E, and C.R.S. 34-32-116(7)(h). CEASE AND DESIST ORDER Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders Ouray Couniy to: 1. Cease and desist from conducting the following mining operations at the Ouray County Gravel Pit -Permit M-78-268: mining activities except reclamation (as ordered by the Bureau of Land Management) outside the permit boundary until such land is covered by an MLRB permit.