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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Dolores County ) NOTICE OF VIOLATION M-94-032 <br />P.O. Box 608 ) AND <br />Dove Creek, CO 81324 ) MODIFIED CEASE AND DESIST ORDER <br />i0: Dolores County and all other persons engaged in or owning or controlling <br />the following operation: Bartley Pit, located 3 miles southwest of <br />Dove Creek, CO. <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. Dolores County is permitted to conduct a mining operation under the <br />terms of Permit M-84-155 located in Southeast 1/4 Southeast 1/4, <br />Section 15, Township 40N, Range 19W of the New Mexico P.M., in Dolores <br />County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />June 22, 1994 to consider possible violation of the terms of Permit <br />M-84-155 and C.R.S. 34-32-101 et seg• <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />.Public Hearing on June 22, 1994, demonstrating that the operator is <br />mining without a permit. <br />4. On August 25, 1994, the Board conducted a hearing to reconsider the <br />original cease and desist order restricting the operator's use of <br />stockpiled material. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with <br />C.R.S. 34-32-124(6>, the Colorado Mined Land Reclamation Board hereby finds <br />Dolores County to be in violation of Permit M-84-155, and C.R.S. 34-32-109. <br />MODIFIED CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in <br />accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land <br />Reclamation Board hereby orders Dolores County to: <br />