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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Triad Western Corp. ) NOTICE OF VIOLATION M-95-076 <br />11990 Grant Street Suite 410) AND <br />Denver, CO 80233 ) CEASE AND DESIST ORDER <br />TO: Cary Tuttle and all other persons engaged in or owning or controlling the following <br />operation: Coal Creek Resources Pit. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 3~t-32.5-124, the Board hereby makes the following findings of fact: <br />Triad Western Corp. is permitted to conduct a mining operation under the terms of Permit <br />A1-88-044 located in portions of Sections 11, 13, 14, and 24, Township 55, Range 65W of <br />the 6th P.M., in Arapahoe County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />December 14, 1995 to consider possible violation of the terms of Permit M-88-044 and <br />C:.R.S. 3432.5-101 et sea• <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />December 14, 1995, demonstrating that: <br />The operator has mined outside the approved permit area, therefore failing to protect <br />areas outside of the (approved) affected land from damage. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fad and in accordance with C.R.S. 34-32.5-124(6), the Colorado <br />Mined Land Reclamation Board hereby finds Triad Western Corporation to be in violation of Permit <br />M-88-044, specifically Exhibit C -Mining Plan Map, and C.R.S. 3432.5-116(4)(1). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fad and Notice of Violation, and in accordance with <br />C.R.S. 34-32.5-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders Triad <br />Western Corporation to: <br /> <br />