ENFORCE34432

• Permit No: M1988101
• IBM Index Class Name: Enforcement
• Doc Date: 8/28/1991
• Doc Name: FAX COVER
• From: MLRD
• Media Type: D
• Archive: No

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NOTICE OF VIOLATION

Based upon these same Findings of Fact, the Colorado Mined Land Reclamation
Board hereby finds Elbert County to be in violation of Permit M-88-101,
specifically Technical Revision Ol and Exhibit D, and C.R.S. 34-32-116(7)(1).
ORDER
1. Based upon these same Findings of Fact and Notice of Violation, and in
accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land
Reclamation Board hereby orders Elbert County to:
a. Cease and desist from the mining of gravel and removal of gravel
from the Fondis Pit under Permit No. M-88-101.
b. Mail, within one (1) day after receipt of this Notice, to the
Mined Land Reclamation Board, written notice of your compliance with
paragraph one (1) of this Cease and Desist Order.
2. Permit No. M-88-101 is hereby suspended, pursuant to 34-32-124(7),
pending further action by the Board at its September 18-19, 1991 meeting.
3. The hearing in this matter shall be continued to the September Board
meeting, September 18-19, 1991, for consideration of civil penalties pursuant
to 34-32-124(7) C.R.S., and necessary corrective action.
The Cease and Desist Order shall remain in effect until all required
corrective actions have been completed and assessed civil penalties paid.
In clarification of the rights of recipients of Notices of Violation, Cease
and Desist Orders, parties are advised to consult the Colorado Mined Land
Reclamation Act and the State Administrative Procedure Act.
Nothing herein contained, particularly those portions requiring certain acts
to be performed within a certain time, shall be construed as a permit or
license to engage in any prospecting or mining operations within the State.
Dated at Denver this 23rd day of August, 1991.
COLORADO MINED LAND RECLAMATION BOARD
DEPARTMENT OF NATURAL RESOURCES
DAVID L. BUCKNAM, Acting Director
Mined Land Reclamation Division
DLB/ern
7802E