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<br /> <br />STATE OF COLORADO <br /> <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />SOUTfiWF.ST READY MIX ) NOTICE OF VIOLATION M-9b-031 <br />37400 Hwy. 96 East ) AND <br />Pueblo, CO 81006 ) ORDER TO PAY CIVIL PENALTY <br />TO: SOUTHWEST READY MIX, JOHN SLIMAN and all other persons engaged in or owning or <br />cont%lling the following operation: RICH PTT, NW Sec. 2, Township 21 South, Range 63 West, <br />6th P.M., Pueblo County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. <br />34-32.5-124, the Board hereby makes the following fmdings of fact: <br />1. SOUTHWEST READY MDC is permitted to conduct a mining operation under the terms of <br />Permit M-85-218 located in NW Section 2, Township 21 South, Range 63 West of the 6th P.M., <br />in Pueblo County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on July 24, 1996 to <br />consider possible violation of the terms of Permit M-85-218 and C.R.S. 34-32.5-101 et .sec .. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />July 24, 1996, demonstrating that: <br />Southwest Ready Mrx was responsible for mining-related damage outsule <br />the approved permit boundaries for the Rich Pit (Permit No. M-85-218). <br />NOTICE OF VIOLATION <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 fmds Southwest Ready Mix, Inc. to in violation of Permit <br />M-85-218, specifically Exhibits C-C-1, and C.R.S. 34-32.5-116(4)(1). <br />