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<br />STATE OF COLORADO <br /> <br />MINED LAND RECLAivLATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Avery Structures, Inc. ) NOTICE OF VIOLATION MV-98-035 <br />P.O. Box 1887 ) AND <br />Buena Vista. CO 81211) CEASE AND DESIST ORDER <br />TO: Avery Structures, Inc. and all other persons engaged in or owning or controlling the following <br />operation: Avery Pit (Permit No. M-79-010) <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Boazd by C.R.S. <br />34-32.5-124, the Boazd hereby makes the following findings of fact: <br />1. Avery Structures, Inc. is permitted to conduct a mining operation under the terms of Permit <br />M-79-010 located in Section(s) 17, Township I4S, Range 78W, of the 6th P.M., in Chaffee Counry, <br />Colorado. <br />2. The Mined Land Reclamation Boazd conducted a Formal Public Heazing on October 21, 1998 to <br />consider possible violation of the terms of Permit M-79-010 and C.R.S. 34-32.5-101 et se . <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on October <br />21, 1998, demonstrating that: <br />Avery Structures, Inc. is conducting a mining operation within a 40 acre permitted site <br />at the above noted location. <br />2. Avery Structures, Inc. disturbed approximately 5.5 acres outside the west permit <br />boundary as a result of extending the mined pit to the west. <br />3. Avery Structures, Inc. disturbed approximately 8.4 acres outside the east permit <br />boundary resulting from the construction of a wash pond and a settling pond and by <br />stockpiling processed aggregate material in the area. <br />4. The disturbance outside the approved permit area is a direct result of the mining <br />activities conducted by Avery Structures, Inc. <br />