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r <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Joseph and Arlene Cogan ) NOTICE OF VIOLATIOL! M-99-002 <br />24899 U. S. Hwy 285 ) ARID <br />P.O. Hox 113 ) CEASE AND DESIST ORDER <br />Nathrop, CO 81236 ) <br />TO: Joseph and Arlene Cogan and all other persons engaged in owning or <br />controlling the following operation: Arnold Gulch Pit, located in portions <br />of Sections 1 & 2 T15S, R78W, 6th P.M., in Chaffee 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. 34-32.5-124, the Board hereby makes the <br />following findings of fact: <br />1. Joseph and Arlene Cogan own land on which a proposed mine is to be <br />located in portions of Sections 1 & 2, Township 15 South, Range 78 <br />West of the 6th P.M., in Chaffee County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing <br />on January 26, 1999 to consider a possible violation of C.R.S. 34- <br />32.5-101 et se . <br />3. The Division of Minerals and Geology presented evidence aC the Formal <br />Public Hearing on March 27, 1997,, demonstrating that: <br />Joseph and Arlene Cogan, owners and proposed operators of the <br />Arnold Gulch Gravel Pit, engaged in mining activities prior to <br />obtaining final approval for a Reclamation Permit as required <br />by C.R.S. 34-32.5-109(1). <br />NOTICE OF VIOLATION <br />Based on these same findings of fact, and in accordance with C.R.S. 34- <br />32.5-124 the Colorado Mined Land Reclamation Board hereby finds Joseph and <br />Arlene Cogan to be in violation of C.R.S. 34-32.5-109 of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials for engaging <br />in mining operations prior to first obtaining a reclamation permit. <br />