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# . 7~ . ~~ ~-~, III IIIIIIIIIIIIIIII STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Zigan Sand & Gravel, Inc. ) NOTICE OF VIOLATION H-96-009 10800 Eaet 124th Avenue ) AND Brighton, CO 80601 ) CEASE AND DESIST ORDER TO: Mr. Tad Zigan and all other peraone engaged in or owning or controlling the following operation: Snowstorm Placer, Permit No. M-83-084. 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 Boar3 hereby makes the followinc findings of fact: 1. Zigan Sand & Gravel, Inc. is permitted to conduct a mining operation under the terms of Permit H-83-084 located in portions of Sections 19,20,29 and 30, Township 9S, Range 77W, of the 6th P.M., in Park County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on March 27, 1996 to consider possible violation of the terms of Permit M-83-084 and C.R.S. 34-32-101 et sec. 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on August 27, 1996 demonstrating that: a. Operator hoe failed to maintain sufficient financial warranty to assure reclamation of the affected land. NOTICE OF VIOLATION Based upon these name Findings of Fact and in accordance with C.R.S. 34-32- 124(6), the Colorado Hined Land Reclamation Board hereby finds Zigan Sand 6 Gravel, Inc. to be in violation of Permit M-83-084 and C.R.S. 34-32- 117(4)(b)(I). CEASE AND DESIST ORDER Haled 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 Zigan Sand 6 Gravel, Inc. to: 1. Cease and desist from conducting all mining and processing activities at the Snowstorm Placer, Permit M-83-084. This does not include any activities necessary to bring the site into compliance with the approved permit. EXHIBIT ~ J