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<br />-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fac[ and in accordance with C.R.S. 3~3-32.5-124(6), the Colorado <br />ivlined Land Reclamation Board hereby Fnds Avery Structures, Inc. to be in violation of C.R.S. <br />34-32.5-109(1). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. <br />34-32.5-124(2),(6) and C.R.S. 34-32.5-123(2) the Colorado Mined Land Reclamation Board hereby <br />orders Avery Structures, Inc. to: <br />1. Cease and desist from conducting the following mining operations at the Avery Pit, Permit <br />M-79-010: Mining activities in the areas outside the approved permit boundaries, except for <br />reclamation activities, shall be prohibited. <br />2. Mail, within one (1) day after receipt of this Notice, to the Mined Land Reclamation Board, written <br />notice of your compliance with pazagraph one (I) of this Cease and Desist Order. <br />Complete the following corrective action: <br />A) Submit a complete amendment application by November 20, 1998. <br />B) Obtain Division, or Boazd approval of the amendment application by <br />February 18, 1999. <br />C) The amendment application should incorporate, at least, all the disturbed acreage <br />outside the existing permit azea which is related to the mining activity. <br />D) The amendment application must address all water rights issues including compliance <br />with applicable Colorado water laws and regulations governing injury to existing water <br />rights. <br />E) Submit an interim reclamation bond in the amount of $108,000.00 by <br />November 20, 1998 <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of $10,733.00, <br />within 30 days of the signature date of this document. This is based upon an assessment of 51,000.00 <br />per day for 42 days of violation, from September 9, 1998 to October 21, 1998, plus 5733.00 for staff <br />time, with $32,000.00 suspended upon completion of the corrective action outlined in this order. <br />This Cease and Desist Order shall remain in effect until all terms have been satisfied by the operator. <br />