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STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Avery Structures, Inc. ) REVISED NOTICE OF VIOLATION P.O. Box 1887 ) MV-98-035 AND Buena Vista, CO 81211 } CEASE AND DESIST ORDER TO: Avery Structures, Inc. and all other persons engaged in or owning or controlling the following operation: Avery Pit (Permit No. M-79-010) 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: 1. Avery Structures, Inc. is permitted to conduct a mining operation under the terms of Permit M-79-010 located in Sections(s) 17, Township 14S, Range 78W, of the 6th P.M., in Chaffee County, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on October 21, 1998 to consider possible violation of the terms of Permit M-79-010 and C.R.S. 34-32.5-101 et sea• 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on October 21, 1998, demonstrating that: 1. Avery Structures, Inc. is conducting a mining operation within a 40 acre permitted site at the above noted location. 2. Avery Structures, Inc. disturbed approximately 5.5 acres outside the west permit boundary as a result of extending the mined pit to the west. 3. Avery Structures, Inc. disturbed approximately 8.4 acres outside the east permit boundary resulting from the construction of a wash pond and a settling pond and by stockpiling processed aggregate material in the area. 4. The disturbance outside the approved permit area is a direct result of mining activities conducted by Avery Structures, Inc. 4. On October 21, 1998, the Mined Land Reclamation Board issued Notice of Violation MV-98-035 to Avery Structures, Inc. for mining substantial acreage outside the approved permit boundary.