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STn_rc nr_rni_nonnn- , <br />MINED LI III III III IIIIIIIIII 4RD <br />sss <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: The City of Monte Vista ) NOTICE OF VIOLATION M-92-034 <br />720 First Avenue ) AND <br />Monte Vista, CO 81144 ) CEASE AND DESIST ORDER <br />T0: The City of Monte Vista and all other persons engaged in or owning or <br />controlling the following operation: City owned and operated gravel pit, <br />located in Section 31, T39N, RBE, N.M. P.M., Rio Grande County. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br />findings of fact: <br />1. The City of Monte Vista is conducting a mining operation in the following <br />location: <br />Section 31, T39N, RBE, N.M. P.M., Rio Grande County <br />2. The City of Monte Vista has not obtained a permit for such mining <br />operations as required by C.R.S. Section 34-32-101 et sec. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute a violation of <br />C.R.S. 34-32-109(7). <br />This section provides in pertinent part: <br />An operator shall obtain a development and extraction permit from the Board <br />for each mining operation. <br />The term "operator" is defined by C.R.S. 34-32-102 to include: any person, <br />firm, partnership, association or corporation, or an department, division, or <br />agency of federal, state, county or municipal government engaged in or <br />controlling a mining operation. <br />