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• <br />MINGD LAND RECLAMATION BOAP.D <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF ) <br />HENRY BENDETTI ) <br />iii iiniiiiuiiiiii <br />999 <br />NOTICE OF VIOLATION <br />AND <br />CEASE AND DESIST ORDER <br />T0: HENRY BENDETTI and all persons presentl}' owning or <br />acquiring now or in the future an interest in the <br />NU-GAP COAL PANE. <br />FINDINGS OF PACT <br />Pursuant to the authority vested in the Mined~Land Reclamation <br />Board by C.R.S. 1973, 34-32-123, as amended (1976 Scssion Laws, II. B. <br />1065) the Board hereby makes the Following findings of fact: <br />1. Underground coal mining operations are required to be <br />permitted by the Pfined Land Reclamation Board pursuant to the terms of <br />Article 32 of Title 34, C.R.S.. 1973 as amended (1976 Session Laws, H.B. <br />1065). <br />2. On December 6, 1978 a member from Che Colorado Mined <br />Land Reclamation staff observed the NU-GAP COAL MINE in operation. <br />3. HENRY BENDETTI is operating the NU-GAP COAL MINE without <br />a valid mining and reclamation permit. <br />4. A total of 317 tons of coal were removed from the NU-GAP <br />underground coal mine during the period from October 1, 1977 to October <br />31, 1978. This mine is located 5 miles north of Silt in Harvey Gap Canyon. <br />NOTICE OF VIOLATION <br />You are hereby notified that the Facts stated above constitute <br />a violation of Section 109(4), Article 32, Title 3v, C.P..S. 1973 as amended. <br />This section provides in pertinent part: <br /> <br />Mining operations which were lawfully being conducted prior to <br />July 1, 1976, without a permit may continue to be so conducted until <br />October 1, 1977 if between July 1, 1976 and October 1, 1977, Che operators <br />of such existing operations apply for a permit as specified in this article. <br />