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• • iii iiiiiiiiuiiiiiil STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Warren & Sa11y Wilcox > ORDER TO PAY CIVIL PENALTY Gunnison Gravel ) FOR NOTICE OF P.O.Box 42 ) VIOLATION M-92-056 Gunnison, CO 81230 TO: Gunnison Gravel, Warren Wilcox, Sally Wilcox and all other persons engaged in or owning or controlling the following operation: Dickerson Pit located in NWNE Section 24, Township 49N, Range 2W, N.M.P.M. Gunnison County FINDINGS OF FACT Pursuant to the authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fact: On August 26, 1992, the Board issued Notice of Violation M-92-056 and Order for Corrective Action to Warren and Sally Wilcox and Gunnison Gravel in regard to the Dickerson Pit (Permit No-M-78-305). The Board Order accompanying Notice of Violation M-92-056 required, as Corrective action, submittal of a technical revision or amendment to Permit M-78-305 modifying the approved mining and reclamation plans by November 10, 1992 and securing Division approval of the modification by December 16, 1992. The Board Order accompanying Notice of Violation M-92-056 continued consideration of the civil penalty until the December 16-17, 1992 meeting of the Board. On December 16, 1992 the Board amended its Order of August 26, 1992 and continued consideration of the civil penalty associated with Notice of Violation M-92-056 until the January 27-28, 1993 meeting of the Board. On January 27, 1993, the Division of Minerals and Geology presented evidence at a Formal Public Hearing by the Board that the operator of the Dickerson Pit had completed the required corrective action for Notice of Violation M-92-056; a technical revision to Permit M-78-305 had been submitted by the required date of November 10, 1992 and approval of the technical revision with conditions had been secured on January 11, 1993.