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<br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Frank Levkulich - Rock Pit <br />NOTICE OF VIOLATION M-85-035 <br />AND <br />CEASE AND DESIST ORDER <br />T0: Frank Levkulich and all other persons engaged in or owning or controlling <br />the following operation: Rock Pit Located in Sec. 9, T6N, R91W, in Moffat <br />County, Colorado. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br />findings of fact: <br />1. Frank Levkulich is conducting a mining operation in the following <br />location: <br />Sec. 9, T6N, R91W in Moffat County, Colorado. <br />2. Frank Levkulich has not obtained a permit for such mining operations <br />as required by C.R.S. Section 34-32-101 et seq. <br />NOTICE OF VIOLATION <br />You are hereby notified that the facts stated above constitute a <br />violation of C.R.S. 34-32-109(7), as amended. <br />This section provides in pertinent part: <br />An operator shall obtain a development and extraction permit from the <br />Board for each mining operation. <br />The term "operator" is defined by C.R.S. 34-32-102 to include; any <br />person, firm, partnership, association or corporation, or any department, <br />division, or agency of federal, state, county or municipal government engaged <br />in or controlling a mining operation. <br />