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• <br />-3- <br />Cease and desist from conducting the following construction material extraction mining operations at the <br />Alamosa Pit No. 2 -Permit M-83-175: <br />Cease all mining related activities, except reclamation, outside the approved permit area until the <br />violation has been abated. <br />2. Mail, within one (I) da.y 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 />Complete the following corrective action(s): <br />a. Submit a complete conversion application, converting the Limited Impact 110 permit to <br />a Construction Materials 112 Extraction permit by October 27, 1996. <br />b. Receive approval of the conversion application by January 25, 1997. <br />Post an interim reclamation bond in an amount to be negotiated by [he operator and the <br />Division for backfilling the pits by September 22, 1996. <br />4. Pay the Colorado Minim Land Reclamation Board a civil penalty in the amount of $8,532.80, within 30 <br />days of the signature date of this document. This is based upon an assessment of $1000.00 per day for <br />8 days of violation, 5~om July 10, 1996 to July 18, 1996, plus $532.00 for 16 hours of staff time at <br />$33.30 per hour. <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 for the Extraction of Construction Materials and the State <br />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 exploration or construction material extraction mining <br />operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. 24-4-106, <br />as amended. <br />~~ <br />Dated at Denver this ~ _ day of -~-'c ~ ~~ <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LO Directo~ <br />Division of Minerals and Geology <br />M:\OSS~~nuv\TF1.INNVOfiA 175.1DI <br />