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<br />-z- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact, the Colorado Mined Land Reclamation <br />Board hereby finds Elbert County to be in violation of Permit M-88-101, <br />specifically Technical Revision O1 and Exhibit D, and C.R.S. 34-32-116(7)(1). <br />ORDER <br />1. Based upon these same Findings of Fact and Notice of Violation, and in <br />accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land <br />Reclamation Board hereby orders Elbert County to: <br />a. Cease and desist from the mining of gravel and removal of gravel <br />from the Fondis Pit under Permit No. M-88-101. <br />b. Mail, within one (1) day after receipt of this Notice, to the <br />Mined Land Reclamation Board, written notice of your compliance with <br />paragraph one (1) of this Cease and Desist Order. <br />2. Permit No. M-88-101 is hereby suspended, pursuant to 34-32-124(6), <br />pending further action by the Board at its September 18-19, 1991 meeting. <br />3. The hearing in this matter shall be continued to the September Board <br />meeting, September 18-19, 1991, for consideration of civil penalties pursuant <br />to 34-32-124(7) C.R.S., and necessary corrective action. <br />In clarification of the rights of recipients of Notices of Violation and <br />Orders, parties are advised to consult the Colorado Mined Land Reclamation Act <br />and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts <br />to be performed within a certain time, shall be construed as a permit or <br />license to engage in any prospecting or mining operations within the State. <br />Dated at Denver this 23rd day of August, 1991. <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />DAV D L. BUCKNAM, Acting Director <br />Mined Land Reclamation Division <br />DLB/ern <br />7802E <br />