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~ ~ -- --- - <br />~II II~II~~~~II~~ II~ <br />STATE OF COLORADO <br />h17NED LAND RECLANATIO(J BOARD <br />DEPARThfENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION <br />RAY BINGNAM CONSTRUCTION ) AI/D <br />CEASE & DESIST ORDER <br />NOV No. 82-17 <br />CERTIFIED (IAZL NO. P03 8781933 <br />TO: h1R RAY BINGNAM and all other persons engaged in or owning or <br />controlling the following operation: Mining operation located approximately <br />1 mile southwest of Paonia. <br />FINDZ(JGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 1973, 34-32-123, as amended, the Board hereby <br />makes the following findings of fact: <br />1. RRY BINGHAh1 CONSTRUCTION is conducting a mining operation at the _ <br />following location: 1 mile southwest of Paonia. <br />2. RAY BINGNAM CONSTRUCTION has not obtained a permit for such <br />mining operations as required by C.R.S. 1973 Section 34-32-101 et sue. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute a <br />violation of C.R.S. 1973, 34-32-109(7), as amended. <br />This section provides in pertinent part: <br />An operator shall obtain a development and extraction permit from the <br />board for each mining operation. <br />The term operator.~~is defined by C.R.S. 1973, 34-32-102 to include: any <br />person, firm, partnership, association or corporation or any department, <br />division, or agency o,` federal, state, county or municipal government engaged <br />in or controlling a mining operation. <br />