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L <br />-2- <br /> <br />c. A portion of the topsoil stockpile (or what looks to be suitable <br />growth medium) is located on the north side of the permit area. <br />This stockpile has been excavated into and appears to have been <br />used as fill and not for the replacement of topsoil. A topsoil <br />stockpile is located south and apparently outside of the permit <br />boundary. Topsoil stockpiles are not adequately stabilized and <br />have been mishandled. <br />d. An area was excavated outside of the permit boundary and has <br />created a small pond area. This is not a permitted activity. <br />e. Much junk, trash, old equipment and concrete rubble are on the <br />site. <br />5. A hearing was conducted May 23, 1985, in accordance with C.R.S. <br />34-32-124(5). <br />NOTICE OF VIOLATION <br />Based upon the Findings of Fact, the Board finds Colorado Marketing <br />Associates to be in violation of the terms of permit 83-89, pursuant to <br />Rule 8.22(3); C.R.S. 34-32-124(7). <br />CEASE AND DESIST ORDER <br />Based upon these same Findin s of Fact and Notice of Violation, and in <br />accordance with C.R.S. 34-32-124c2 , the Board hereby orders Colorado <br />Marketing Associates, Inc. to: <br />1. Cease and Desist mining operations at the site, <br />2. Submit a 112 application for the site within thirty (30) days, that <br />is on or before June 23, 1985, and that a 112 permit be issued <br />within one-hundred and twenty (120) days, that is on or before <br />September 24, 1985. <br />3. Pay the Mined Land Reclamation Division a civil penalty in the <br />amount of $12,800.00 (Twelve Thousand Eight Hundred Dollars) for the <br />violation within 30 (thirty) days. This penalty was based on 64 <br />days of violation at $200.00 per day. <br />4. Upon approval by the Board of a 112 application, permit issuance and <br />the payment of the $12,800.00 civil penalty the Board rescinds the above Cease <br />and Desist Order. <br />