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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-86-067 <br />Anthony Zellitti ) AND <br />File No. M-80-246 ) CEASE AND DESIST ORDER <br />70: Anthony Zellitti and all other persons engaged in or owning or <br />controlling the following operation: Zellitti Pit, Section 33 & 34, T34N, <br />R9W, La Plata 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 following <br />findings of fact: <br />1. Anthony Zellitti is permitted to conduct a mining operation under the <br />" terms of Permit M-80-246 located in Section(s) 33 8 34, Township 34N, Range 9W <br />of the 6th P. M., in La Plata County, Colorado. <br />2. The Mined Land Reclamation Board conducted a Formal Public Hearing on <br />October 25, 1986 to consider possible violation of the terms of Permit <br />M-80-246 and C.R.S. 34-32-101 et seq. <br />3. The Mined Land Reclamation Division presented evidence at the Formal <br />Public Hearing on October 25, 1986, demonstrating that: <br />a. Notice of "Order of Liquidation" of Allied Fidelity Insurance Company <br />was mailed to Anthony Zellitti on August 14, 1986, advising them of <br />their need to provide new financial warranty. <br />b. Notice of reason to believe a violation exists and notice of formal <br />public hearing for consideration of possible Notice of Violation, <br />Cease and Desist, Civil Penalties, Revocation of Permit and Forfeiture <br />of Financial Warranty was mailed to Anthony Zellitti on September 29, <br />1986 <br />c. To date, replacement Financial Warranty in the amount of $5,000.00 has <br />not been provided as required by 34-32-117(6) <br />