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r. <br /> <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32-124, the <br />Colorado Mined Land Reclamation Board hereby finds LKA International, Inc. to be in <br />violation of Permit M•78.091 and C.R.S. 34-32-116.5(3)(b) and Rule 7.2.3(2)(b). <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with <br />C.R.S. 34-32-124, the Colorado Mined Land Reclamation Board hereby orders LKA <br />International, Inc. to: <br />Cease and desist from conducting further mining activities at the Golden Wonder <br />Mine, except for reclamation activities and site maintenance, until an adequate <br />Environmental Protection Plan has been submitted to the Division and approved. <br />2. Mail, within one (1) day after receipt of this Notice, to the Mined Land Reclamation <br />Board, written notice of your compliance with paragraph one (1) of this Cease and <br />Desist Order. <br />3. Complete the following corrective action by June 30, 1997: <br />a. Submit an adequate Environmental Protection Plan, demonstrating <br />compliance with all applicable requirements of the Act, Rules and <br />Regulations, except for the hydrologic data necessary to establish baseline <br />conditions. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of <br />$1,300.00 (penalty assessed against LKA International, Inc.), within 30 days of the <br />signature date of this document. A total civil penalty of $5,300.00 was assessed, <br />based on 53 days of violation at the rate of $100.00 per day. If the above-described <br />corrective action is not completed by the specified date, the Board will reconsider <br />the civil penalty and the suspended amount of $4,000.00 may become due and <br />payable, <br />This Cease and Desist Order shall remain in effect until all terms have been satisfied by <br />the operator. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders, <br />parties are advised to consult the Colorado Mined Land Reclamation Act and the State <br />Administrative Procedures Act. <br />