ENFORCE26220

• Permit No: M1983089
• IBM Index Class Name: Enforcement
• Doc Name: NOV M-85-039 & CEASE & DESIST ORDER
• Media Type: D
• Archive: No

~ ~ III IIIIIIIIIIIIIIII
STATE OF COLORADO 999
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF: ) NOTICE OF VIOLATION M-85-039
Colorado Marketing Associates, Inc. ) AND
and Jeff D. Smythe ) CEASE AND DESIST ORDER
T0: Colorado Marketing Associates, Jeff D. Smythe and all other persons
engaged in or owning or controlling the following operation: Douglas Sand and
Gravel Pit No. 1
FINDINGS OF FACT
Pursuant to the authority vested
Reclamation Board by C.R.S. 34-32-124,
following findings of fact:
in the State of Colorado Mined Land
as amended, the Board hereby makes the
1. Colorado Marketing Associates, Inc. and Jeff D. Smythe is conducting
a mining operation in the following location:
SE 1/4, Section 4, T95, R67W of the 6th P.M., Douglas County, Colorado,
known as the Douglas Sand and Gravel Pit No. 1
2. The Mined Land Reclamation Division conducted inspections of the
site on March 19, 1985 and May 1, 1985.
3. On April 24, 1985, the Colorado Mined Land Reclamation Board
(hereinafter, the "Board") found reason to believe that a violation exists on
the site. It is of record that Mr. Jeff D. Smythe attended the hearing for
reason to believe on April 24, 1985,
4. On May 23, 1985, during a Formal Public Hearing, the Board found
Colorado Marketing Associates, Inc. to be in violation of Permit No. 83-89 as
per C.R.S. 34-32-124(1) in that;
a. Disturbance is approximately 14 acres, which exceeds the
permitted 9.9 acres.
b. Approximately 10,000 yd3 of wasterock/overburden has been
stockpiled along the upper banks of East Plum Creek. This is not
a permitted structure and appears to be outside of the permit
boundary.