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<br />-2- <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with <br />C.R.S. 3432-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders <br />Costilla County to: <br />Cease and desist from conducting the following mining operations at the Costilla Pit No. 1 - <br />Permit M-77-044: all mining-related activity until corrective actions are completed. <br />2. Mail, within one (p day after receipt of this Notice, to the Mined Land Reclamation Board, <br />written notice of your compliance with paragraph one (p of this Cease and Desist Order. <br />3. Complete the following corrective action: <br />Operator will provide a report as to the estimated volumes of topsoil present in the <br />several piles onsite, provide a map of the site indicating the locations and sizes of <br />piles, and provide a proposal as to how an adequate amount of topsoil will be either <br />obtained onsite during the future development, or imported from offsite, in amounts <br />sufficient for successful reclamation according to the approved plan. Operator will <br />also commit to protecting existing stockpiles of soil, following the recommendations <br />of the SCS for temporary seeding. Operator will send this information to the Division <br />by September 23, 1995. <br />The Mined Land Reclamation Board decided not to assess a civil penalty in this matter. <br />This Cease and Desist Order shall remain in effect until all terms have been satisfied by the operator. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders, parties <br />are advised to consult the Colorado Mined Land Reclamation Act and the State Administrative <br />Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain ads to be performed within <br />a certain time, shall be construed as a permit or license to engage in any prospecting or mining <br />operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult <br />C.R.S. 244106, as amended. <br />Dated at Denver this ~ l~~ day of <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LON irector <br />Division of Minerals and M:\OSSamm\Espinoza.rco <br />