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`• <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) <br />M. Sims Gravel Company ) <br />NOTICE AND <br />ORDER TO PAY <br />CIVIL PENALTY <br />To M. Sims Gravel Company and all other persons engaged in or owning or <br />controlling the East Douglas Pit mining operation located in Rio Blanco <br />County, Suction 35, Township 2S, Range IO1W of the 6th P.M., in Rio Blanco <br />County, Colorado. <br />FINDINGS OF FACT <br />Pursuant +:o the authority vested to the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br />findings of fact: <br />1. On March 25, 1992 the Board conducted a hearing in accordance with <br />C.R.S. 24--4-101 et seq• to consider assessment of civil penalities against <br />M. Sims Gravel Company. <br />2. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on March 25, 1992, demonstrating that: <br />A. Mining and stockpiling has occurred outside the permit boundary. <br />B. All corrective actions were completed by the operator before the <br />3/25/92 due date. <br />