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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />~~ <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Telluride Gravel, Inc. ) AMENDED <br />P.O. Box 445 ) CEASE AND DESIST ORDER <br />Telluride, CO 81435 ) NOTICE OF VIOLATION M-93-017 <br />io: Telluride Gravel, Inc., Gary Bennett, Peter Ballode and all other persons <br />engaged in or owning or controlling the Alexander Pit located in portions of <br />Section(s) 31 and 32, Township 43N, Range 9W of the N.M.P.M., <br />in San Miguel 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. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. Telluride Gravel, Inc. is permitted to conduct a mining operation under <br />the terms of Permit M-76-032 located in portions of Sections 31 and 32, <br />Township 43N, Range 9N of the N.M.P.M. in San Miguel County, Colorado. <br />2. The Colorado Mined Land Reclamation Board conducted a Formal public <br />hearing on May 27, 1993 to consider possible violation of the terms of <br />Permit M-76-032 and C.R.S. 34-32-101 et seq. <br />3. On Colorado Mined Land Reclamation Board subsequently found <br />Telluride Gravel, Inc. to be in violation of Permit M-76-032 and <br />C.R.S. 34-32-112(2)(b), 34-32-112(c), and 34-32-112(2)(d) and issued Notice of <br />Violation M-93-017 and a Cease and Desist Order which required <br />Telluride Gravel, Inc., as a corrective action abating Notice of Violation <br />M-93-017, to submit an appropriate Technical Revision to the permit for the <br />Alexander Pit (Permit M-76-032) by July 1, 1993 and secure approval by <br />August 24, 1993. <br />4. As a result of a request by Telluride Gravel, Inc., the Colorado Mined <br />Land Reclamation Board conducted a Formal Public Nearing on July 21, 1993 to <br />reconsider the corrective action date of July 1, 1993. <br />5. Evidence was presented by Telluride Gravel, Inc. and the Division of <br />Minerals and Geology during the reconsideration on July 21, 1993 that the <br />corrective action date of July 1, 1993 could not be met by Telluride Gravel, <br />Inc. for good cause shown. <br />6. The Colorado Mined Land Reclamation Board subsequently issued an amended <br />Cease and Desist Order for Notice of Violation M-93-017 on July 21, 1993 <br />revising the corrective action date to October 19, 1993 and continuing the <br />consideration of the civil penalty until the October 20-21, 1993 meeting of <br />the Board. <br />