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<br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Rudy Rudibaugh ) NOTICE OF VIOLATION M-95-056 <br />711 Ranch ) AND <br />5291 CR 76 ) CEASE AND DESIST ORDER <br />Parlin, CO 81239 ) <br />TO: Rudy Rudibaugh and Wazren Wilcox -Wilcox Dozer Service, and all other persons engaged in <br />or owning or controlling the following operation: Rudibaugh Pit, located at a site as described below. <br />FINDINGS OF FACT <br />Pursuant to the au[horiry vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 3432-124, the Board hereby makes the following findings of faa: <br />1. Rudy Rudibaugh and Warren Wilcox aze conducting a mining operation in Section 4, <br />Township 49N, Range 3E of the New Mexico P.M., in Gunnison Counry, Colorado. <br />2. The Mined Land Reclamation Board condutted a Formal Public Heazing on August 24, 1995 <br />to consider possible violation of C.R.S. 3432-101 et seq <br />The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />August 24, 1995, demonstrating that: <br />On July 7, 1995, an inspection of the site by the Division revealed that there was <br />current mining disturbance, which the operator admitted causing, although no permit <br />from MLRB had been issued. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 3432-123, the Colorado Mined <br />Land Reclamation Board hereby finds Rudy Rudibaugh and Wazren Wilcox -Wilcox Dozer Service, <br />to be in violation of and C.R.S. 34-32-109(2). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Faa and Notice of Violation, and in accordance with <br />C.R.S. 3432-109 and 123 the Colorado Mined Land Reclamation Board hereby orders Rudy Rudibaugh <br />and Warren Wilcox -Wilcox Dozer Service co: <br />Cease and desist from conducting the following mining operations at the Rudibaugh Pit, File <br />No. M-95-057: all operations except that equipment and stockpiles may be removed. <br />