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<br />f • <br /> <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Benson Brothers ) NOTICE OF VIOLATION M-94-008 <br />2138 J50 Road ) AND <br />Austin, CO 81410 ) CEASE AND DESIST ORDER <br />T0: T. Edward Benson and all other persons engaged in or owning or <br />controlling the following operation: Hallenbeck Pit #1 located in parts of <br />the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 36, Township <br />145, Range 59W of the 6th P.M. <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. Benson Brothers is permitted to conduct a mining operation under the terms <br />of Permit M-77-062 located in parts of the SW 1/4 of the NW 1/4 'and the NW 1/4 <br />of the SW 1/4 of Section 36, Township 14 South, Range 95 West of the 6th P.M., <br />in Delta County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />January 28, 1994 to consider possible violation of the terms of Permit <br />M-77-062 and C.R.S. 34-32-101 et seq. <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on January 28, 1994, demonstrating that: <br />a. Mining disturbances have occurred on 9.24 acres outside the 8.32 acre <br />permit area resulting in a total disturbance of 17.56 acres, and that <br />Benson Brothers were in violation of Section 34-32-109 of the <br />Colorado Mined Land Reclamation Act 34-32-101 et. seq., C.R.S. 1973. <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 Mined Land Reclamation Board hereby finds <br />Benson Brothers to be in violation of Permit M-77-062, C.R.S. 34-32-109. <br />