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w III IIIIIIIIIIIIIIII ~ STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE Iv1ATTER OF: Lake County Commissioners ) Notice of Violation 50~ Harrison Ave. ) NIV-99-001 Leadville, CO 80461 ) TO: Lake County Commissioners and all other persons engaged in or ownin~~ or controlling the following operation: Half Moon Pit, File No. M-77-071 FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34- 32.5-124, the Board hereby makes the following findings of fact: Lake County Commissioners are permitted to operate a 1 10 Construction Materials Permit under the terms of Permit M-77-071, located in Section 7, T10S, R80W, 6th P.M., in Lake County, Colorado. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 25-26, 1999 to consider possible violation of the terms of Permit M-77-071 and C.R.S. 34-32.5-101 et sea. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on January 26, 1999 demonsvating that; Lake County Commissioners had failed to obtain a Construction Materials Permit prior to engaging in mining and reclamation activities in violation of C.R.S. 34-32.5-109(1). Specifically, the operator engaged in mining activities outside of their previously permitted area. NOTICE OF VIOLATION Based upon these same findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereby finds Lake County Commissioners to be in violation of Permit M-77-071 and C.R.S. 34-32.5-109(1) for failing to obtain a Construction Materials Permit prior to engaging in mining and reclamation activities. Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32.5- 124(2), (6) and (7), the Colorado Mined Land Reclamation Board hereby orders Lake County Commissioners to complete the following corrective actions: