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<br />-2- <br />III. CEASE AND DESIST ORDER <br /> <br />Based upon the foregoing Findings of Fact and Notice of Violation, and <br />pursuant to the provisions of C.R.S. 34-32-123(1), the Board hereby orders you <br />to: <br />Immediately cease and desist all mining operations. <br />2. Mail, within cne (1) day after receipt of this Notice, to the Mined Land <br />Reclamation Board, written notice of your compliance with paragraph one (1) of <br />this Cease and Desist Order. <br />IV. CORRECTIVE ACTIONS <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board C.R.S. 34-32-124(2), the Board hereby orders the following <br />corrective action. <br />Pete Klein and Richard Zanett dba ZMK Mine Construction, Inc. are to <br />obtain a Limited Impact 110(2) reclamation permit by April 20, 1992 that <br />includes the area of disturbance. <br />V. CIVIL PENALTY <br />Pursuant to the authority vested in the State of Colorado Mined Land <br />Reclamation Board by C.R.S. 34-32-123(3), and based upon the foregoing <br />Findings of Fact, the Board hereby assesses a civil penalty against Pete Klein <br />and Richard Zanett dba ZMK Mine Construction, Inc. in the amount of <br />$3,000.00. This penalty is based upon an assessment of $125.00 per day for 24 <br />days of violation. The Board orders $1,500.00 to be suspended subject to <br />compliance with the imposed corrective action by the established date. The <br />$1,500.00 unsuspended portion of the civil penalty is due in the Division's <br />offices no later than March 27, 1992. Should the corrective actions or <br />payment of the unsuspended civil penalty not be complied with by the <br />established date, the full 33,000.00 civil penalty will be due on <br />April 20, 1992. <br />In addition to the above civil penalty, the Board orders Pete Klein and <br />Richard Zanett dba ZMK Mine Construction, Inc. within 45 days of <br />February 26, 1992 to provide evidence to the Division that they have published <br />display advertising with a value of 3350.00. The text of the advertising <br />shall read as follows: <br />The Colorado Mined Land Reclamation Act requires that anyone who <br />plans to conduct prospecting or mining operations in Colorado file <br />for a reclamation permit with the Mined Land Reclamation Board. <br />