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<br /> <br />BTATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br /> <br />OF NATQRAL RESOIIRCEB <br />IN THE HATTER OF: Mr. Rick Patera ) NOTICE OF VIOLATION M-96-021 <br />Park County Road & Bridge ) AND <br />1246 County Road 16 ) ORDER TO PAY CIVIL PENALTIES <br />Fairplay, CO 80440 ) <br />TO: Mr. Peters and all other persona engaged in or owning or controlling the <br />following operation: Chaparral Pit. <br />FINDINGB OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land Reclamation <br />Board by C.R.S. 34-32-123, the Board hereby makes the following findings of fact: <br />1. Park County is conducting a mining operation in the following location: <br />Section 30, Township 13 South, Range 72 West, 6th P.M., Park County, <br />Colorado. <br />2. Park County has not obtained a permit for such mining operations as <br />required by C.R.S. Section 34-32-109 (1) and (2). <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute a violation of <br />C.R.S. 34-32-109(1) and (2). <br />This section provides in pertinent part: After June 30, 1976, any operator <br />proposing to engage in a new mining operation moat first obtain from the Board <br />or Office a reclamation permit as specified in this article. <br />The term "operator" is defined by C.R.S. 34-32-103 (10) to include: any person, <br />firm, partnership, association or corporation, or any department, division, or <br />agency of federal, state, county or municipal government engaged in or <br />controlling a mining operation. <br />BOARD ORDER <br />AND <br />ORDER TO PAY CIVIL PENALTIES <br />Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant <br />to the provisions of C.R.S. 34-32-123, the Board hereby orders you to: <br />1. Obtain an approved permit no later than April 26, 1995. This has been <br />done. <br />2. Pay the Colorado Mined Land Board a civil penalty in the amount of <br />$ 100.00, within 30 days of the signature date of this document. <br />In clarification of the rights of recipients of Notices of Violation, Cease and <br />Desist Orders, parties are advised to consult the Colorado Mined Land Reclamation <br />Act and the State Administrative Procedure Act. <br />