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i • <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: M. S. Corporation ) NOTICE OF VIOLATION M-86-68 <br />File No. M-78-056 ) AND <br />CEASE AND DESIST ORDER <br />T0: M. S. Corporation and all other persons engaged in or owning or <br />controlling the following operation: Sections 3, 9 and 10, Township 5 North, <br />Range 65 West, 6th P. M., Weld County <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado ~4ined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. M. S. Corporation is permitted to conduct a mining operation under the <br />terms of Permit M-78-056 located in Sections 3, 9 and 10, Township 5 North, <br />Range 65 West, 6th P. M., Weld County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />October 25, 1986 to consider possible violation of the terms of Permit <br />M-78-056 and C.R.S. 34-32-101 et seq. <br />3. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on October 25, 1986, demonstrating that: <br />a. Notice of "Order of Liquidation" of Allied Fidelity Insurance <br />Company was mailed to M. S. Corporation on August 14, 1986, <br />advising them of their need to provide new financial warranty. <br />b. Notice of reason to believe a violation exists and notice of formal <br />public hearing for consideration of possible Notice of Violation, <br />Cease and Desist, Civil Penalties, Revocation of Permit and <br />Forfeiture of Financial Warranty was mailed to M. S. Corporation on <br />September 29, 1986 <br />c. To date, replacement Financial larranty in the amount of E6,000.00 <br />has not been provided as required by 34-32-117(6) <br />