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<br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS [hat: <br />1. MCC is hereby found to be IN VIOLATION of Section 34-33.~-109, C.R.S by conducting <br />mining operations without a permit. <br />2. MCC shall continue to CEASE AND DESIST From further disturbance of the unpermitted <br />mining operation, pursuant to the cease and desist order issued by [he Division with the December 1998 <br />inspection report. <br />3. MCC shall comply with the followine CORRECTNE ACTION: Secure an approved <br />Construction Material Limited Impact 1 l0 reclamation permit by April l9, 1999. <br />4. MCC is hereby assessed a CNII. PENALTY of $1000.00 per day for 44 days of violation, <br />totaling $44,000.00, pursuant to Section 34-32.5-123(2), C.R.S. Of the civil penalty, all but $1.549.99 is <br />suspended pending compliance with the corrective action outlined above. The unsuspended portion of the <br />Civic Penalty, $1,549.99, shall be paid to the Colorado tYlined Land Reclamation Board within 30 days of <br />cite signature date of this document. <br />In clariftcation of the rights of recipients of Notices of Violation-Cease and Desist Orders, parties are <br />advised to consult the Colorado Land Reclamation Act for the Extraction of Construction iY/aterials and <br />the State Administrative Procedures Act (APA). <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a <br />certain time, shall be construed as a permit or license to engage in any prospecting or mining operations <br />within the State. <br />Dated this~_ day o~~ , 1999 Nunc pro tunc February 24, 1999 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />FOR THE BOARD: <br />BY: <br />MICHAEL B. irecto <br />Division of Minerals and Geology <br />