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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: David Walker 1 NOTICE OF VIOLATION <br />Walker Mining & Milling, Inc. - No. MV-98-014 <br />14666 Orange Avenue Ext. ) CEASE AND DESIST ORDER <br />Fort Pierce, FL 34954 1 AND <br />ORDER TO PAY <br />CIVIL PENALTY <br />To: David Walker, Walker Mining & Milling, Inc., and all other persons engaged in or owning <br />or controlling the Ruby Trust Mine operation, Permit No. M-79-181, located in portions <br />of Section 16, Township 43 North, Range 8 West of the N.M.P.M., in Ouray County, <br />Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by <br />C.R.S. 34-32-124, the Board hereby makes the following findings of fact: <br />Walker Mining & Milling, Inc., is permitted to conduct a mining operation under the terms <br />of Permit M-79-181 located in portions of Section 16, Township 43 North, Range 8 <br />West of the N.M.P.M., in Ouray County, Colorado. <br />2. On March 26, 1998, the Colorado Mined Land Reclamation Board conducted a Formal <br />Public Hearing in accordance with C.R.S. 24-4-101 gj se , to consider possible violation <br />of the terms of Permit M-79-181, and C.R.S. 34-32-101 ~t se ., and assessment of civil <br />penalties against Walker Mining & Milling, Inc. <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing <br />on March 26, 1998, demonstrating that: <br />a. Walker Mining & Milling, Inc., had not complied with Division corrective action to <br />increase the financial warranty from 52,500 to 59,481 . <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact, and in accordance with C.R.S. 34-32-124, the <br />Colorado Mined Land Reclamation Board hereby finds Walker Mining & Milling, Inc., to be in <br />violation of Permit M-79-181, and C.R.S. 34-32-117(4)Ic)(II), and Rule 4.2.1(2) of the Hard <br />Rock/Metal Mining Rules. <br />