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-2- CEASE AND DESIST ORDER Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124(2),(6) and (7> the Colorado Mined (Land Reclamation Board hereby orders Schmalz Construction Ltd. to: 1. Cease and desist from conducting all mining-related operations at the Hollenbeck Pit - Permit M-85-023: on all lands outside the p rmit area. 2. Mail, within one (1> day after receipt of this Notice, to the~Mined Land Reclamation Board, written notice of your compliance with par graph one (1) of this Cease and Desist Order. 3. Complete the following corrective actions: a. Operator will post an interim bond, in the amount of $10,000.00, by October 20, 1994. b. Operator will submit a written statement, by October 20 ,1994, stating whether area of off site damage is to be only rec aimed, or area of offsite damage is to be included in permit area y converting permit to a 112. c. If operator chooses "reclamation only" option, activitie# must be completed by November 21, 1994, Or, i d. if operator chooses to covert permit to a 112, applicati n must be received within 60 days of date of receipt of statement n (b) above, and approved within 120 days of its submittal. 4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of $5,000.00, on or before November 20, 1994. If oper for timely submits a statement, as described in (3.b) above, stating pre erence of corrective actions to be followed, and provides proof of prog ess being made toward completing said corrective actions, then the civi penalty due will be reduced to $2,500.00. Reduced civil penalty is also due by the November 20, 1994 date. This Cease and Desist Order shall remain in effect until all terms have been satisfied by the operator. ~ In clarification of the rights of recipients of Notices of Violatio~, Cease and Desist Orders, parties are advised to consult the Colorado Mine Land Reclamation Act and the State Administrative Procedure Act. Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, shall be construed as a permit or license to engage in any prospecting or mining operations within the State.