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~.~ <br />-2- <br />CONCLUSIONS OF LAW <br /> <br />Based upon these same Findings of Fact and in accordance with <br />C.R.S. 34-32-124, the Colorado Mined Land Reclamation Board hereby finds <br />Climax Molybdenum Company to be in violation of Permit M-77-493 and <br />C,R.S. 34-32-116(1)(j) for failure to stabilize affected areas, including the <br />ponds and dams associated with the Mayflower, Ten Mile and Robinson tailing <br />impoundments, to control erosion and attendent air pollution. <br />ORDER TO MODIFY PERMIT AND <br />PAY CIVIL PENALTIES <br />Based upon these same Findings of Fact and Conclusions of Law, and in <br />accordance with C.R.S. 34-32-124(6) and (7) the Colorado tdined Land <br />Reclamation Board hereby orders Climax Molybdenum Company to: <br />1. Modify Permit M-77-493 by: <br />a) Continuing to work with the Colorado Department of Health and the <br />Colorado tAined Land Reclamation Division to stabilize the tailings dams <br />and ponds against erosion. <br />b) Submitting a tailings stabilization plan in the form of a technical <br />revision or an amendment within 60 days. <br />2. Pay the Colorado Mined Land Reclamation Board a civil <br />amount of $4,000.00, within 30 days of the signature date <br />This is based upon an assessment of $1,000.00 per day for <br />violation.In clarification of the rights of recipients of <br />Violation, parties are advised to consult the Colorado P1ii <br />Act and the State Administrative Procedure Act. <br />penalty in the <br />of this document. <br />4 days of <br />Notices of <br />ied Land Reclamation <br />Nothing herein contained, particularly those portions requiring certain acts <br />to be performed within a certain time, sha]1 be construed as a permit or <br />license to engage in any prospecting or mining operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are <br />advised to consult C.R.S. 24-4-106, as amended. <br />Dated at benver this 2nd day of December, 1986. <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />i~ ~ ~ <br />L, - ~ - -- - <br />DAVID C. SNELTON, Director <br />Mined Land Reclamation Division <br />DCS/tmb <br />5612E <br />