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~' <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Schmalz Construction Ltd. > NOTICE OF VIOLAT)~ON M-94-043 <br />P.O. Box 1105 ) AND <br />Gunnison, CO 81230 ) CEASE AND DESIIST ORDER <br />T0: Fred Schmalz, Schmalz Construction Ltd., Columbine Paving Co., and all <br />other persons engaged in or owning or controlling the following ope ation: <br />Hollenbeck Pit, located 6 miles east of Gunnison, Colorado, located in W 1/2 <br />SE 1/4, Section 11, Township 49N, Range lE, New Mexico P.M., Gunnis n 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. 34-32-124, the Board hereby makes the f llowing <br />findings of fact: ~II <br />1. Schmalz Construction Ltd. is permitted to conduct a mining ope~ation <br />under the terms of Permit M-85-023 located in W 1/2 SE 1/4, Se tion 11, <br />Township 49N, Range lE of the New Mexico P.M., in Gunnison Cou ty, <br />Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hea ing on <br />September 21, 1994 to consider possible violation of the terms of Permit <br />M-85-023 and C.R.S. 34-32-101 et seq. <br />3. The Division of Minerals and Geology presented evidence at theFormal <br />Public Hearing on September 21, 1994, demonstrating that: <br />The operator caused damage to lands outside the permit area (o~fsite <br />damage). <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with <br />C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation Board hereb finds <br />Schmalz Construction Ltd. to be in violation of Permit M-85-023, specifically <br />C.R.S. 34-32-116(7)(h). <br />