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~~ <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: NOTICE OF VIOLATION M-92-014 <br />Pete Klein and Richard Zanett CEASE AND DESIST ORDER <br />ZMK Mine Construction, Inc. CORRECTIVE ACTION <br />P.O. Box 1817 CIVIL PENALTY <br />Ouray, Colorado 81427 <br />T0: Pete Klein and Richard Zanett and all other persons engaged in or owning <br />or controlling the following operation: ZMK Gravel Pit located in Section 2, <br />Township 44 North. Range 8 West of the 10th P.M., in Ourav County. Colorado. <br />I. 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. Pete Klein and Richard Zanett conducted a mining operation in the <br />following location: Section 2, Township 44 North, Range 8 West of the 10th <br />P.M., Ouray County, Colorado. <br />2. Pete Klein and Richard Zanett have not obtained a permit for such mining <br />operations as required by C.R.S. Section 34-32-101 et sec. <br />II. 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 a department, division or <br />agency of federal, state, county or municipal government engaged in or <br />controlling a mining operation. <br />