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STATE OF DIVISION OF MINERALS AND GEOLOGY Drpanmem u( Natural Resources I tl f Shorman SL, Koom!IS Drover, Colorado HUL01 Phone: ISO t) Nfifi~ 451,7 STATEOFCOLORADO COLORADO I~~ DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor lamre 5. Luehhead E xrrmivr Durclnr IN THE MATTER OF: High Plains Stone Cu. ) NOTICE OFVIOLATION MV-97-034 nhcharl n. tong P.O. BOX 100 ) AND Din,ion Drreclnr Castle Rock, CO SO104 ) CEASE AND DESIST ORDER TO: Scott Wagner, High Plains Stone Co., and all other persons engaged in or owning or controlling [he following operation: South 40 Quarcy FINDINGS OF FACT Pursuant to the authority vested in [he State of Colorado Mined Land Reclamation Board by C.R.S. 34-32.5-124, [he Board hereby makes the following findings of fact: High Plains Stone Co. is permitted to conduct a mining operation under the terms of Permit M-90-016 located im NW ll4, Section 14, Township 17S, Range 68W, of [he 6th P.M., in Fremont County, Colorado. 2. The Mined land Reclamation Board conducted a Formal Public Hearing on December 17, 1997 to consider possible violation of the terms of Permit M-90-016 and C.R.S. 34-32.5-101 et sec . 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on December 17, 1997, demonstrating that: High Plains Stone C'o. had Failed to clearly mark the boundaries of the permit/affected area for the South 40 Quarry (Permit No. M-90-016). NOTICE OF VIOLATION Based upon these same Findings of Fal:t and in accordance with C.R.S. 34-32.5-124(6), the Colorado Mined Land Reclamation Board hereby finds High Plains Slone Co. to be in violation of Permit M-90-016, and Rule 3.1.12(2) of the Construction Materials Rules and Regulations of the Colorado Mined Land Reclamation Board. CEASE AND DESIST ORDER Based upon these same Findings of F,tct and Notice of Violation, and in accordance with C.R.S. 34-32.5-124(2), (b)and (7) the Colorado Mined Land Reclammion Board hereby orders High Plains Stone Co. lo: Cease and desist from conducting the following mining operations at the South 40 Quarcy -Permit M-90-016: Any (unher activity at the site until the boundaries of the permit/affected area are clearly marked and the marking confirmed by Division inspection.