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~:. STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OE NATURAL RESOURCES [N THE MATTER OF: Mr. Leonard Loukonen ) NOTICE OF VIOLATION M-94-023 Loukonen Bros. Stone Co. ) AND P.O. Box 333 ) CEASE AND DESIST ORDER Lyons, Co 60540 ) T0: Mr. Leonard Loukonen, Loukonen Bros. Stone Co. and all other persons engaged in or owning or controlling the following operation: Loukonen Quarries located in Section 6, T3N, R10W, 6th P.M., in Boulder County, Colorado. FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fact: I. Mr. Leonard Loukonen, Loukonen Bros. Stone Co. is permitted to conduct a mining operation under the terms of Permit M-81-277 located in Section 6, Township 3N, Range 70W of the 6th P.M., in Boulder County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on May 25, 1994 to consider possible violation of the terms of Permit M-81-277 and C.R.S. 34-32-101 et seq. 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on May 25, 1994, demonstrating that: a. On April 1, 1994 the Division received a citizen complaint that mining and mining-related activities had occurred outside the permit boundaries at the site. b. On April 7, 1994 the Division inspected the site and found mining and mining-related activities had occurred outside the permit boundaries. A total of 5.8 acres had been disturbed outside the permit boundary. NOTICE OF VIOLATION Based upon these same Findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds Mr. Leonard Loukonen, Loukonen Bros. Stone Co. to be in violation of Permit M-81-277 and C.R.S. 34-32-116(7)(h) of the Mined Land Reclamation Act and Rule 6.1(2) of the Rules and Regulations of the Mined Land Reclamation Board.