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<br />~' <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: L. Otto Goemmer ) ORDER TO PAY <br />P.0. Elox 165 ) CIVIL PENALTIES <br />La Veta, CO 81055 ) <br />T0: L. Otto Goemmer and all other persons engaged in or owning or controlling <br />the following operation: Rocky Flat Gravel Pit, Permit No. M-82-129 <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. L. Otto Goemmer is permitted to conduct a mining operation under the <br />terms of Permit M-82-129 located in W 1/2, SW 1/2, Section 32, <br />Township 295, Range 68W of the 6th P.M., in Huerfano County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />April 27, 1994 to consider possible violation of the terms of Permit <br />M-82-129 and C.R.S. 34-32-101 et seg• <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on April 27, 1994, demonstrating that: <br />a. L. Otto Goemmer damaged areas outside of the affected land boundary. <br />b. The Mined Land Reclamation Board found L. Otto Goemmer to be in <br />violation of Permit No. M-82-129, specifically Exhibits B and C, <br />and C.R.S. 34-32-116(7)(h). <br />c. The Mined Land Reclamation Board ordered that consideration of <br />civil penalties be continued to the June 22-23, 1994 Board Meeting. <br />d. The Mined Land Reclamation Board, at the June 22-23, 1994 Board <br />meeting, continued the matter of consideration of civil penalties <br />to the July 27-28, 1994 Board meeting. <br />CEASE AND DESIST ORDER <br />The April 27, 1994 Notice of Violation - Cease and Desist Order - item 3.a. is <br />,?•~ changed to read - If amend~ad, approval should be obtained within 90 days of <br />submittal (August 23, 1994>. <br />