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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: Montrose County <br />P. O. Box 1289 <br />Montrose, CO 81402 <br />NOTICE OF VIOLATION <br />No. MV-98-018 <br />AND <br />CEASE AND DESIST ORDER <br />TO: Montrose County, and all other persons engaged in or owning or controlling the following <br />operation: BLM/West End Pit, located in Section 17, Township 46 North, Range 15. West, of the <br />New Mexico P.M., Montrose County. <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 findings of fact: <br />Montrose County is permitted to conduct a mining operation under the terms of Permit <br />M-92-017 located in Section 17, Township 46 North, Range 1 5 West, of the New Mexico <br />P.M., Montrose County, Colorado. <br />The Mined Land Reclamation Board conducted a Formal Public Hearing on May 27, 1998 to <br />consider passible violation of the terms of Permit M-92-017 and C.R.S. 34-32.5-101 ~ se°• <br />The Division of Minerals and Geology presented evidence at the Formal Public Hearing on <br />May 27, 1998, demonstrating that: <br />Montrose County had conducted mining activities outside of the approved permit area <br />for Permit No. M-92-017. The size of the affected area outside the approved permit <br />boundary was determined to be approximately 1 .5 acres. <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 <br />Colorado Mined Land Reclamation Board hereby finds Montrose County to be in violation of Permit <br />M-92-017, specifically Exhibit A and Exhibit C, and C.R.S. 34-32.5-116(4)(1). <br />