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~IA II ~~I rpl~~~. '.I ~,~ idi .. . iii, ii OLP Ntlh1CNT OF NATI1t1AL RESOURCES X11^1/~n~uuo .u U IAomr n.i :ro c. E~endivc 17 ~r 1.'CIOr 999 423 Cn, nirn nial Building, 1313 Sherman Street Denver. Colorado 80203 Tct 13031 839-3567 David C. Shelton Director STATE OF COLORADO MINED LANU REC1.AAtATION BOARll DEPAR'1'P114N'l' OF NA1'UF.AI. NI?SOURCIiS IN THE MATTER OF: ) NOTICE OF VIOLATION BILL MALOUFF ) AND MALOUFF'S HI-VALLEY PAVING ) CEASE S DESIST ORDER T0: BILL PtALOUFF and all other persons presenCly owning or acquiring now or in the future an interest in PtALOUFF'S HI-VALLEY PAVING. FINDINGS OF FACT Pursuant to the authority vested in the Mined T,and Reclamation Board by C.R.S. 1973, 34-32-123, as amended, (1976 Session Laws, II.B. 1065) the Board hereby makes the Lol.lowing findings of Eact: 1. BILL MALOUFF is operating a mining operation in the following location: NEZNE%„ Section 4, T36N,R8W of the N.M.P.M., in Conejos County. 2. Sand and gravel operations are required to be permitted by the Board pursuant to the Cerms of Article 32 of Title 34, C.R.S. 1973, as amended (1976 Session Laws, H.B. 1065). 3. The Mined Land Reclamation Board has not received any application from BILL MALOUFF for sand and gravel mining and reclamation as of October 28, 1981. 4. BILL MALOUFF has not obtained a permit for sand and gravel mining operations. NOTICE OF VIOLATION You are hereby notified that the facts seated above consitute a violation of Section 109(7), Article 32, Title 34, C.R.S. 1973, as amended. This section provides in pertinent part: An operator shall obtain a development and extraction permit from the Board for each mining operation. The term operator is defined by C.R.S. 1973, 34-32-102 to include; any person, firm, partnership, association or corporation or any depart- ment, division, or agency of federal, state, county cr municipal govern- ment engaged in or controlling a mining operation.