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- <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Tezak Stone and Aggregate ) NOTICE OF VIOLATION M-95-074 <br />Supply, Inc. ) CORRECTIVE ACTION <br />620 County Road 37 ) AND <br />Texas Creek, CO 81223 ) ORDER TO PAY CIVIL PENALTY <br />TO: Tezak Stone and Aggregate Supply, Inc. and all other persons engaged in or owning or <br />controlling the following operation: Tezak No. 2 Pit, in the SE %,, Section 22, Township <br />48N, Range 12E of the 10th P.M., in Fremont County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 3432.5-124, the Board hereby makes the following findings of fact: <br />1. Tezak Stone and Aggregate Supply, Inc. is permitted to conduct a mining operation under <br />the terms of Permit M-81-080 located in the SE %a, Section 22, Township 48N, Range 12E <br />of the 10th P.M., in Fremont County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />November 16, 1995 to consider possible violation of the terms of Permit M-81-080 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 />November 16, 1995, demonstrating that: <br />Tezak Stone and Aggregate Supply, Inc. damaged 2.8 acres outside of the permitted <br />affected land boundary. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124, the Colorado <br />Mined Land Reclamation Board hereby finds Tezak Stone and Aggregate Supply, Inc. to be in <br />violation of Permit M-81-080, specifically Exhibits B and C, and C.R.S. 34-32-.5-116(4)(1). <br />CEASE AND DESIST ORDER <br />The Board decided not to issue a Cease and Desist Order. <br />