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<br /> <br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-86-053 <br />Bar 70 Enterprises ) AND <br />CEASE AND DESIST ORDER <br />T0: Bar 70 Enterprises and all other persons engaged in or controlling the <br />following operation: Berry Pit, Mining and Reclamation Permit No. M-77-132. <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, as amended, the Board hereby makes the <br />following findings of fact: <br />1. Bar 70 Enterprises is conducting a mining operation in the following <br />location: <br />Section 24, T1N, R94W of the 6th P.M., Rio Blanco County, Colorado. <br />2. More then 14 acres of major disturbance is present at the Berry Pit, <br />which includes an open pit, gravel, overburden, and topsoil stockpiles. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute a <br />violation of Permit No. M-77-132 Special Condition No. 1. which states in <br />pertinent part: <br />"During the course of mining operations [the Operator] shall not allow <br />the total disturbed acreage to exceed the following limitations: Major <br />disturbance -- 5 acres." Major disturbance is defined in Special <br />Condition No. 1 as "that area of a mining operation which includes <br />excavations, overburden spoils, and topsoil stockpiles." <br />