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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 <br />Henderson Development Co. ) <br />Permit #80-110 ) M-85-.038 <br />T0: Henderson Development Co. and all other persons engaged in or owning or <br />controlling the following operation: Henderson Development Pit located <br />approximately 3 miles northeast of Brighton in Adams County, Colorado <br />FINDINGS OF FACT <br />Pursuant to the authority vested <br />Reclamation Board by C.R.S. 34-32-124, <br />following findings of fact: <br />in the State of Colorado Mined Land <br />as amended, the Board hereby makes the <br />1. Henderson Development Co. is conducting a mining operation in the <br />following location: <br />SE 1/4 SE 1/4 Sec 26 T1S R67W and <br />E 1/2 NE 1/4 Sec. 35 T1S, R61W <br />2. On April 9, 1985, James McArdle and Peter O'Connor observed mining <br />through the 25 foot setback on the north side and observed improper <br />salvaging and stockpiling of topsoil. <br />3. On April 25, 1985, the Board found reason to believe a violation may <br />have occurred at this site. <br />4. On May 23, 1985, the Board reviewed the facts relevant to this case <br />(i.e.: commitments of the approved permit, Performance Standards of <br />the law (CRS 34-32-101 et s~ce ), and testimony from staff and <br />operator representative. <br />CONCLUSIONS OF LAW AND FINDINGS OF FACT <br />1. Based on Findings of Fact, and pursuant to CRS 34-32-101 et sec, <br />specifically 34-32-112, 34-32-116(1)(8), and 34-32-116(l~i , <br />Henderson Development Co. has been found in violation of Permit <br />80-110 for mining into and through the 25 foot permit specified <br />setback on the north side and for not properly salvaging and <br />stockpiling topsoil. <br />