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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Carder Inc. ) NOTICE OF VIOLATION M-96-021 <br />P.O. Box 721 ) AND <br />Lamar, CO 81052 ) CEASE AND DESIST ORDER <br />TO: Carder Inc. and all other persons engaged in or owning or controlling the following <br />operation: Verhoeff Pit No. 2, Permit No. M-92-113, located in Bent 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. Carder Inc. is permitted to conduct a mining operation under the terms of Permit M-92-113 <br />located in Section 32, Township 225, Range 49W of the 6th P.M., in Bent County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on April 24, 1996 <br />to consider possible violation of the terms of Permit M-92-113 and C.R.S. 3432.5-101 et sec .. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />April 24, 1996, demonstrating that: <br />a. The operator has caused 1.8 acres of damage to land adjacent to the permit area. <br />b. The operator initiated and completed a land exchange, which fully brought all offsite <br />disturbance into the permit area. <br />4. The Mined Land Reclamation Board found that the actions performed by the operator prior <br />to the April 24, 1996 hearing resulted in the mitigation of all offsite damage, and completed <br />the Division's recommended corrective actions. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Factand in accordance with C.R.S. 3432.5-124(6), the Colorado <br />Mined Land Reclamation Board hereby finds Carder Inc. to have been in violation of Permit M-92- <br />113, and C.R.S. 3432.5-116(4)(1), <br /> <br />