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-3- <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 <br />Colorado Mined Land Reclamation Board hereby orders Colorado Mining/Smelting, Inc. to: <br />Cease and desist from conducting all mining operations at the Stillson Patch -File No. M-90-040. <br />Mail, within one (1) day after receipt of this Notice, to the Mined Land Reclamation Board, written notice <br />of your compliance with paragraph one (I) of this Cease and Desist Order. <br />3. Complete the following corrective action(s): <br />By March 28, 1997: post a financial warranty in the amount of $5000.00 and a performance warranty. <br />By April 28, 1997: complete the public notice procedures described in Rules 1.6.2 and 1.6.3 of the Hard <br />Rock/Metal Mining Rules and Regulations of the Mined Land Reclamation Board (2 CCR 407-1), and <br />obtain issuance of Permit No. M-90-040. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of $3,000.00, within 30 <br />days of the signature date of this document. This is based upon an assessment of $50.00 per day for 60 <br />days of violation with $3,000.00 suspended upon completion of the corrective action outlined in this <br />order. <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 are advised <br />to consult the Colorado Mined Land Reclamation Act and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, <br />shall be construed as a permit or license to engage in any hard rock or metal mining operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. 24~-106, <br />as amended. <br />I ~~ <br />Dated at Denver this l '- day of ~ ~' L-~'~~ ~~ <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPART T OF NATURAL RESOURCES <br />~L~ \~r=- <br />MICHAEL B. LONG, Direcioi~ <br />Division of Minerals and Geology <br />M: \mv\bh\¢mp\MNV06P704.acf <br />