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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE IMTTER OF: Stanley J. Conner ) NOTICE AND <br />1683 Clarkson St. ) ORDER TO PAY <br />Denver, Colorado 80210 ) CIVIL PENALTY <br />To Stanley J. Conner and all other persons engaged in or owning or controlling <br />the Lee No. 2 Placer mining operation located in Section 20, Township 3.0 <br />South, Range 72.0 West of the 6th P.M., in Gilpin 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. 34-32-123, the Board hereby makes the following <br />finding:; of fact: <br />1. On August 23-24, 1989, the Board conducted a hearing and found <br />Stanley J. Conner to be conducting the mining operation described above <br />va +hni~+ a nermi+ ac rnrnii ro~i by r R C 74-~~-7 nl a+ epn <br />2. On August 23-24, 1989, the Board issued Notice of Violation No. M-89-013 <br />to Stanley J. Conner. <br />3. On August 23-24, 1989, the Board conducted a hearing in accordance with <br />C.R.S. 24-4-101 et seq. to consider assessment of civil penalities against <br />Stanley J. Conner. <br />4. ThE: Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on August 23-24, 1989, demonstrating that: <br />1. Stanley J. Conner had submitted a Limited Impact (110) Operation <br />Application on April 24, 1987 to the Division. <br />2. Mr. Conner received approval of his application from the Division <br />on May 27, 1987, with the stipulation that local government <br />approval, a 51,000 financial warranty, and a performance warranty <br />had to be submitted before the Division could issue a permit. <br />3. The Division, on December 22, 1988, received a complaint from the <br />U.S. Bureau of Land Management that Mr. Conner was possibly mining <br />without a permit. <br />4. The Division, on July 21, 1989, reviewed MLRD File No. M-87-072 and <br />determined that Mr. Conner had not submitted a financial warranty <br />or a performance warranty to the Division and as such had not <br />received a permit to commence mining operations. <br />5. The Division, on July 21, 1989, inspected the site and found Mr. <br />Conner to be mining without a permit and that the disturbances had <br />exceeded the proposed affected areas described in the original <br />approved application. <br />