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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-85-055 <br />Mr. John L. Ary - Permit No. M-80-224) AND <br />d.b.a. Fremont Paving and Redi-Mix ) CEASE AND DESIST ORDER <br />T0: Mr. John Ary and all other persons engaged in or owning or controlling <br />the following operation: McKenzie 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. 34-32-12~, the Board hereby makes the following <br />findings of fact: ~~ <br />1. Fremont Paving and Redi-Mix, Inc. is conducting a mining operation in <br />the following location: <br />SW 1/4 Section 1 and SE 1/4 Section 2, T19S, R70W of the <br />6th P.M., Fremont County, Colorado <br />2. The Colorado Mined Land Reclamation Division conducted an inspection <br />of the site on May 8 and 9, 1985. <br />3. On May 23, 1985, as required by C.R.S. 34-32-124(1), the Colorado <br />Mined Land Reclamation Board found reason to believe that a violation of <br />Permit No. M-80-224, and C.R.S. 34-32-101 et sec. had occurred. <br />A. The Alleged violations were identified as: <br />i. Failure to minimize disturbance to the hydrologic balance <br />pursuant to C.R.S. 34-32-116(1)(h); <br />a. overland flow originating from the processing area was <br />traversing down the northern slope, creating erosional <br />gullies, flowing into, with subsequent sedimentation of the <br />irrigation ditch, and, <br />b. overland flow issuing from the broken irrigation pipe <br />traversed down the northern slope creating erosion gullies, <br />flowing into the irrigation ditch, causing sedimentation, <br />as well as transporting oil from the asphalt batch plant <br />leak. <br />