ENFORCE31970

• Permit No: M1995075
• IBM Index Class Name: Enforcement
• Doc Name: NOV M-95-068 AND CEASE AND DESIST ORDER
• Media Type: D
• Archive: No

_ N
III'I~II~II~II~I II~
STATE OF COLORADO
MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF: Saguache County ) NOTICE OF VIOLATION M-95-068
P.O. Box 476 ) AND
Saguache, CO 81149 ) CEASE AND DESIST ORDER
TO: Saguache County and all other persons engaged in or owning or controlling the following
operation: Coleman Pit, located in Section 19, Township 44 North, Range 8 East, New Mexico P.M.,
Saguache County
FINDINGS OF FACT
Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by
C.R.S. 34-32.5-123, the Boazd hereby makes the following findings of fat:
1. On October 18, 1995, the Board conducted a hearing and found Saguache County to be
conducting the mining operation described above without a permit as required by
C.R.S. 3432.5-101 et sec ..
2. On October 18, 1995, the Board issued Notice of Violation and Cease and Desist Order
M-95-068 to Saguache County.
3. On October 18, 1995, the Board conducted a hearing in accordance with C.R.S. 24-4-101 et sec .
to consider assessment of civil penalties against Saguache County.
4. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on
October 18, 1995, demonstrating that:
a. Saguache County has disturbed a 30-35 acre area in Section 19, Township 44 North,
Range 8 East, while conducing a mining operation.
b. Saguache County did not acquire a Mined Land Reclamation Board permit, as required
by C.R.S. 34-32.5-101 et. sec., prior to conducing said mining operation.
NOTICE OF VIOLATION
Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124, the Colorado Mined
Land Reclamation Board hereby finds Saguache County to be in violation of
C.R.S. 34-32.5-101 et. sec ., for mining without a permit.