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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: NOTICE OF VIOLATION M-93-023 <br />Cooley Gravel Company ) AND <br />CEASE AND DESIST ORDER <br />TO: The Cooley Gravel Company and all other persons engaged in or owning or <br />controlling the following operation: The Morrison Quarry. <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. The Cooley Gravel Company is permitted to conduct a mining operation under <br />the terms of Permit M-73-021 located in Section 10, Township 5 South, <br />Range 70 West of the 6th P.M., in Jefferson County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />July 21, 1993 to consider possible violation of the terms of Permit M-73-021 <br />and C.R.S. 34-32-101 et seg• <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on July 21, 1993, demonstrating that: <br />a. The east wall of the central quarry failed on or before <br />October 29, 1992. The failure affected land outside the presently <br />approved limit for affected land. <br />b. The east wall had been mined in benches that measured approximately <br />40 feet wide with 80 foot tall highwalls. <br />c. Cooley Gravel Company was requested (in the October 29, 1992 <br />inspection report) to submit a revision to the permit by <br />December 15, 1992. The purpose of the amendment was to address the <br />cause of the east wall failure and propose changes to the mining and <br />reclamation plans that would fix the present problem and prevent <br />future failures. <br />d. Cooley Gravel Company had not submitted a revision to the permit by <br />the July 21, 1993 Board meeting. <br />