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~~ ~~ STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: ) NOTICE OF VIOLATION M-85-054 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 in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following findings of fact: 1. Colorado Marketing Associates, Inc. and Jeff D. Smythe is conducting a mining operation in the following location: SE 1/4, Section 4, T9S, R61W 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 July 24, 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(7) in that; a. Disturbance is approximately 12.5 acres, which exceeds the permitted 9.9 acres. b. A portion of the topsoil stockpile (or what looks to be suitable growth medium) is located on the north side of the permit area. This stockpile has been excavated into and appears to have been used as fill and not for the replacement of topsoil. Topsoil stockpiles are not adequately stabilized and have been mishandled., c. Much junk, trash, old equipment and concrete rubble are on the site.