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. s; <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Ms. Ruth Abbott ) NOTICE OF VIOLATION M-94-041 <br />Western Earth Movers ) AND <br />P.0. Box 1022 ) CEASE AND DESIST ORDER <br />Montrose, CO 81402 ) <br />T0: Ms. Ruth Abbott and all other persons engaged in or owning or controlling <br />the following operation: Tripple R Pit located in NE 1/4 NE 1/4 Section 7, <br />Township 47N, Range 8W, 10th P.M. in Montrose County <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following <br />findings of fact: <br />1. Western Earth Movers is permitted to conduct a mining operation under <br />the terms of Permit M-91-097 located in NE 1/4 NE 1/4, Section 7, <br />Township 47N, Range 8W of the 10th P.M., in Montrose County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />August 24, 1994 to consider possible violation of the terms of Permit <br />M-91-097 and C.R.S. 34-32-101 et seg• <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Nearing on August 24, 1994, demonstrating that: <br />. Western Movers Inc., has mined within 200 feet of permanent <br />man-made structures, an overhead powerline and an irrigation ditch. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of fact and in accordance with <br />C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds <br />Western Earth Movers to be in violation of Permit M-91-097 and <br />C.R.S. 34-32-115(4)(d). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and .in <br />accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land <br />Reclamation Board hereby orders Western Earth Movers to: <br />