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.., . • i <br /> <br />-2_ <br />2. Maif, within one (1) day after receipt of this Notice, to the Mined Land Reclamation Board, <br />written notice of your compliance with paragraph one (1) of this Cease and Desist Order. <br />3. Complete the following corrective actions: <br />a. Complete and submit all items necessary for permit application approval, and obtain <br />a 110 permit by May 24, 1996. <br />b. Reclaim the current disturbance, by performing all tasks, exclusive of seeding and <br />other revegetation activities, by September 15, 1996. <br />4. Pay the Mined Land Reclamation Board a civil penalty assessed in the amount of <br />$215,000.00. This is based on 214 days of violation, at a rate of $1,000.00 per day, plus <br />cost of staff time of 30 hours at a rate of $33.30 per hour. <br />a. If the required permit is obtained by May 24, 1996, $213,00.00 of the total civil <br />penalty will be suspended. <br />b. If the required earthwork-related reclamation tasks (as specified in 3(b) above) are <br />completed by September 15, 1996, $1,000.00 of the total civil penalty will be <br />suspended. ' <br />c. If the required earthwork-related tasks are not completed by the date set forth in 4(b) <br />above, then a civil penalty of $1,000.00 will be due and payable at that time. <br />d. An amount of $1,000.00 of the total civil penalty is not being suspended, and is due <br />and payable by 30 days of the signature date of this document. <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. 24-4106, as amended. <br />~~ <br />Dated at Denver this r day of ~ D x ~ . _~!~_. <br />MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LONG, D' edor /eI~/Y/~ (~ ly%j <br />Division of Minerals and Geology M:\p55\ammWasquea.rco <br />