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<br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Southway Construction Co., Inc. ) NOTIC OF VIOLATION <br />117 White Pine Drive ) No. MV-98-004 <br />Alamosa, Colorado 81101 ) AND <br />CEASE D DESIST ORDER <br />TO: Southway Construction Co., Inc., and all other persons engaged in or o <br />following operation: Del Norte Pit, located in Section 21, Township 40 <br />the N.M.P.M., Rio Grande County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />34-32.5-124, the Board hereby makes the following findings of fact: <br />Southway Construction Co., Inc. is permitted to conduct a mining opera <br />of Permit M-84-0261ocated in Section 21, Township 40 North, Range 6 E <br />Rio Grande County, Colorado. <br />or controlling the <br />Range 6 East, of <br />Board by C.R.S. <br />under the terms <br />of the N.M.P.M., <br />The Mined Land Reclamation Board conducted a Formal Public Hearing a~n January 28, 1998 <br />to consider possible violation of the terms of Permit M-84-026 and C.R.S. 34-32.5-101 et sea• <br />The Division of Minerals and Geology presented evidence at the <br />January 28, 1998, demonstrating that: <br />Southway Construction Co., Inc. had conducted mining activities oi <br />permit area for Permit No. M-84-026. The size of the affected area <br />permit boundary was determined to be approximately 4.7 acres. <br />NOTICE OF VIOLATION <br />Public Hearing on <br />of the approved <br />ie the approved <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124(6), the Colorado <br />Mined Land Reclamation Board hereby finds Southway Construction Co., Inc. o be in violation of <br />Permit M-84-026, specifically Exhibits A and E, and C.R.S. 34-32.5-109. <br />