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-. <br />5 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Montrose County ) NOTICE OF VIOLATION M-96-015 <br />P.O. Box 1289 ) AND <br />Montrose, CO 81402 1 REVISED CEASE AND DESIST ORDER <br />TO: Montrose County and all other persons engaged in or owning or controlling the following <br />operation: Neal Pit located in SW NE Section 17, T 50 N, R 10 W, New Mexico P.M., Montrose <br />County. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-32.5-124, the Board hereby makes the following findings of fact: <br />1 . Montrose County is permitted to conduct a mining operation under the terms of Permit <br />M-83-149 located in SW NE, Section(s) 17, Township 50 N, Range 10 W of the New <br />Mexico P.M., in Montrose County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on March 28, <br />1996 to consider possible violation of the terms of Permit M-83-148 and C.R.S. <br />34-32.5-101 et sea• , <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />March 28, 1996, demonstrating that: Montrose County has distrubed substantial <br />acreage, ie. 3.7 acreas, outside of the 8.1 acre permit boundary. <br />4. On July 25, 1996, the Mined Land Reclamation Board conducted a Formal Public Hearing <br />to reconsider the corrective action date included in the Cease and Desist Order <br />accompanying Notice of Violation M-96-015, issued March 28, 1996 for substantial <br />mining related disturbance outside the permit boundaries of the Neal Pit IM-83-148), and <br />found reason to revise that corrective action date. <br />