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i • <br />STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: <br />Schmalz Construction Ltd. <br />III IIIIIIIIIIIII III <br />999 <br />NOTICE OF VIOLATION M-84-O18 <br />AND <br />CEASE AND DESIST ORDER <br />T0: Schmalz Construction Ltd. and all other persons engaged in or owning or <br />controlling the following operation: "Schmalz Construction Pit", <br />File No. M-84-069, located in Section 34, T50N, R1W of the N.W.P.M., in <br />Gunnison 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. 1973, 34-32-123, as amended, the Board hereby <br />makes the following findings of fact: <br />1. Schmalz Construction, Ltd. is conducting a mining operation in the <br />following location: <br />Section 34, T50N, R1W of the N.M.P.M., Gunnison County, Colorado <br />2. Schmalz Construction, Ltd. has not obtained a permit for such mining <br />operations as required by C.R.S. 1973, 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. 1973, 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. 1973, 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 />