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STATE OF COLORADO <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />IN THE MATTER OF: Colina Oro Molino Inc ) NOTICE OF VIOL4TION h1V-97-0?7 <br />76 Beaver Sweet Suite 500 1 AND <br />New York, NY 10005 ) CEASE AND DESIST ORDER <br />TO: Colina Oro Molino Inc and all other persons engaged in or owning or controlling the followine operation: Gold Hill <br />Mill, M-94-I 17. <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the State oFColorado Mined Land Reclamation Board by C.R.S. 34-32-124, [he Board <br />hereby makes the following findings of fact: <br />Colina Oro Molino Inc is permitted to conduct a construction material extraction mining operation under the terms of <br />Permit M-94-117 located in Section l2, Township l.N, Range 72.W, 06th Prime Meridian, in Boulder County, <br />Colorado. <br />2. The Mined Land Reclamation Boazd conducted a Formal Public Hearing on September 24, 1997 [o consider <br />possible violation of the terms of Permit M-94-I17 and C.R.S. 34-32-101 et sec <br />3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on September 24, 1997, <br />demonstrating [hat: <br />The approved spray evaporation and land application water management systems had not been installed by <br />April I, 1997. <br />NOTICE OF VIOLATION <br />Bated upon these same Findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation <br />Board hereby finds Colina Oro Molino Inc to be in violation of Permit M-94-1 I7, C.R.S. 34-32-101 et sea. and specifically <br />C.R.S. 34-32-103 (13) and 34-32-I l6 (I) for failure to perform such reclamation as is prescribed by the reclamation plan. <br />Specifically, failure to install and operate a tailings pond evaporation system and land application system by deadline dates. <br />CEASE AND DESIST ORDER <br />AND CIVIL PENALTIES <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124 the Colorado <br />Mined Land Reclamation Board hereby orders Colina Oro Molino Inc to: <br />Complete the following corrective action(s): <br />a. No later than October I5, 1997, submit verification that the spray evaporative system meeu the capacity as <br />designed by Richard Fox and approved by the Division and is in operating condition. <br />