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<br />IN THE MATTER OF: <br />1KINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />L. OTTO GOEMMER <br /> <br />STATE OF COLORADO <br />NOTICE OF <br />VIOLATION M-82-129 <br />TO: L. Otto Goemmer and all other persons engaged in or owning or <br />controlling the following operation: M-82-129 <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined <br />Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes <br />the following findings of fact: <br />1. L. Otto Goemme:r is permitted to conduct a mining operation <br />under the terms of Permit M-82-129 located in W 1/2, SW 114, SE <br />1/4, Section(s) 32, Township 9 South, Range 68 West of the 6th <br />P.M., in Huerfano County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public <br />Hearing on April 27, 1994 to consider possible violation of the <br />terms of Permit M-82-129 and Section 34-32-101, et seo•, C.R.S. <br />3. The Division of Minerals and Geology presented evidence at the <br />Formal Public Hearing on April 27, 1994, demonstrating that: <br />a) There was a violation of Section 34-32-117(6)(a), C.R.S., for <br />failure to maintain the Financial Warranty in good standing for <br />the life of the permit. <br />b) The Deed of Trust was not filed in 1982 as required by the <br />permit. <br />c) The deeded property was transferred in a land sale in 1988. <br />d) The Operator could not provide the required documentation, <br />consisting of anew property appraisal, title search, proof the <br />title was filed. with Huerfano County and proof the county <br />property taxes were paid, as requested in letters dated July <br />20, 1993 and November 8, 1993. <br />e) As a result, the Operator could demonstrate neither ownership <br />of the deeded property nor compliance with the requirements of <br />the permit, the Rules and the Act. <br />