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-. <br /> <br /> <br />-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. <br />34-32-1Z4(6), the Colorado Mined Land Reclamation Board hereby finds <br />Albert Frei and Sons, Inc. to be in violation of Permit M-86-079, specifically <br />Exhibits D - Mine Plan and Exhibit E - Reclamation Plan, and C.R.S. <br />34-32-116(1). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in <br />accordance with C.R.S. 34-32-124(2),(6) and (7) the Colorado Mined Land <br />Reclamation Board hereby orders Albert Frei and Sons, Inc. to: <br />1. Cease and desist from conducting the following mining operations at the <br />M & G Pit - Permit M-86-079: Importing an off-site fill material. <br />2. Mail, within one (1) day after receipt of this Notice, to the Mined Land <br />Reclamation Board, written notice of your compliance with paragraph one (1) of <br />this Cease and Desist Order. <br />3. Complete the following corrective action: <br />Obtain a technical revision for the 1 acre fill area. Level the fill and <br />cover it with a minimum of one foot of inert material. Final reclamation <br />will include ripping the fill cover material, topsoiling and seeding. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the <br />amount of $150.00, within 30 days of the signature date of this document. <br />This is based upon an assessment of $150.00 per day for 1 day of violation, <br />from April 10, 1992 to April 10, 1992. <br />This Cease and Desist Order shall remain in effect until an appropriate <br />revision to fill further areas of the pit with waste materials is approved by <br />the MLRD. <br />