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• ; iii iiiiiiiiiiiiiiii <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: ) NOTICE OF VIOLATION M-93-081 <br />Albert Frei and Sons, Inc. ) AND <br />M & G Pit ) CEASE AND DESIST ORDER <br />T0: Mr. Albert Frei and all other persons engaged in or owning or controlling <br />the following operation: M & G Pit <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 following <br />findings of fact: <br />1. Albert Frei and Sons, Inc. is permitted to conduct a mining operation <br />under the terms of Permit M-86-079 located in a portion of Section 3, Township <br />2 South, Range 67 West of the 6th P.M., in Adams County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />November 18, 1993 to consider possible violation of the terms of Permit <br />M-86-079 and C.R.S. 34-32-101 et seq, <br />3. The Division of Minerals and Geology presented evidence at the Formal <br />Public Hearing on November 18, 1993, demonstrating that: <br />a. The operator is permitted to mine the pit in a wet state. <br />b. At the time of the October 28, 1993 Division inspection the operator was <br />mining the pit in a dry state amd had been pumping water from the pit. <br />