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<br />-iii- <br /> <br />CEASE AND DESIST ORDER <br />AND CIVIL PENALTIES <br />Based upon these same Findings of Fact and Notice of Violation and in accordance with C.R.S. 34-32.5-124(2),(6) <br />and (7). [he Colorado Mined Land Reclamation Board hereby orders Kiowa County to: <br />Cease and desist from conducting the following construction material extraction mining operations at the <br />Peters Pit -Permit No. M-91-078: <br />mining operations outside the affected land Goundary, except reclamation, until the laird <br />is brought into an active permit. <br />2. Mail, within one (I) day after receipt of this Notice, to the Mined Land Reclamation Board, written notice <br />of your compliance with paragraph one (1) of this Cease and Desist Order. <br />Complete one of the following corrective actions: <br />a. complete reclamation of the land disturbed outside the affected land boundary, including grading, <br />topsoiling and seeding by December 1, 1997; <br />b. submit a complete 112 permit application that includes the land disturbed outside the affected land <br />boundary by July 20, 1997 and receive approval by November 17, 1997; or <br />.,. submit an application to reconfigure the present 1 10 permit boundary to include the land disturbed <br />outside the boundary by July 20, 1997 and receive approval by September 16, 1997. <br />4. Pay [he Colorado Mined Land Reclamation Board a civil penalty in the amount of $500.00, within 30 days <br />of the signature date of this document. This is based upon an assessment of $100.00 per day for 38 days <br />of violation, from April I4, 1997 to May 21, 1997, for a Civil Penalty of $3,800.00, with $3,300.00 <br />:>uspended upon completion of one of the corrective actions outlined in this order. <br />This Curse and Desist Order shall remain in effect until all terms have been satisfied by the operator. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders, parties are advised to <br />consult the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials and the State <br />Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, <br />shall be ~~onstmed as a permit or license to engage in any exploration or construction material extraction mining <br />operations within the Slate. <br />