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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF <br />Dolores County ) NOTICE AND <br />P.O. Box 608 ) ORDER TO PAY <br />Dove Creek. CO 81324 ) CIVIL PENALTY <br />To Dolores County and all other persons engaged in or owning or controlling <br />the Bartley Pit mining operation located in S 1/2 SE 1/4, Section 15, <br />Township 40N, Range 19W of the New Mexico P.M., in Dolores County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br />findings of fact: <br />On June 22, 1994 the Board conducted a hearing and found Dolores County <br />to be conducting the mining operation described above without a permit <br />as required by C.R.S. 34-32-101 et seq• <br />2. On June 22, 1994, the Board issued Notice of Violation and Cease and <br />Desist Order No. M-94-032 to Dolores County. <br />3. On September 21, 1994 the Board conducted a hearing in accordance with <br />C.R.S. 24-4-101 et seq• to consider assessment of civil penalities <br />against Dolores County. <br />4. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on September 21, 1994, demonstrating that: <br />Dolores County had complied with the Board-ordered corrective actions in <br />a timely manner. In addition, evidence was presented showing that <br />Dolores County voluntarily undertook the reclaiming of several pre-law, <br />unreclaimed mining sites. Said reclamation was to be presented for the <br />Board's consideration in assessing a civil penalty. <br />BOARD ORDER <br />Based upon the foregoing Findings of Fact and pursuant to C.R.S. 34-32-123(2) <br />the Mined Land Reclamation Board hereby accepts the above-mentioned <br />reclamation work done,. and work in progress, in lieu of a civil penalty. <br />