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.: r III IIiillllllllllll r <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Bar 70 Enterprises ) NOTICE AND <br />Mining and Reclamation Permit ) ORDER TO PAY <br />No. M-77-132 ) CIVIL PENALTY <br />To Kent Borchard and all other persons engaged in or owning or controlling the <br />Berry Pit mining operation located in Section(s) 24, Township 1N, Range 94W of <br />the 6th PM, in Rio Blanco County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by CRS 34-32-124, the Board hereby makes the following <br />findinos of fact: <br />1. On September 25, 1986 the Board conducted a hearing and found Bar 70 <br />Enterprises to be in violation of Permit No. M-77-132 Special Condition Flo. 1 <br />for causing more than 10 acres disturbance at the Berry Pit. <br />2. On September 25, 198b the Board issued Notice of Violation and Cease and <br />Desist Order M-86-053 to Bar 70 Enterprises. <br />3. On October 23, 1986 the Board conducted a hearing in accordance with CRS <br />24-4-101 et sep. to consider assessment of civil penalties against Bar 70 <br />Enterprises. <br />BOARD ORDER <br />Based upon the foregoing Findings of Fact and pursuant to CRS 34-32-124 (7) <br />the Mined Land Reclamation Board hereby assesses a civil penalty in the amount <br />of E500. The Board orders the civil penalty in the amount of E500 to be paid <br />to the Plined Land Reclamation Division on or before November 30, 1986. <br />