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<br />-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with <br />C.R.S. 34-32-124(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 - Mining Plan, E - Reclamation Plan, and C.R.S. 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: cease all dry mining and dewatering until an <br />amendment approving these activities is approved by the Division. <br />Z. 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 />a Submit an amendment for approval of dry mining, or <br />b. Submit a technical revision which will commit to wet mining only, shows <br />the current mining disturbance, clarifies the reclamation plan as it <br />applies to the current pit situation and re-evaluates the reclamation <br />costs at the pit. This has been done. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the <br />amount of 52,000.00, within 30 days of the signature date of this document. <br />This is based upon an assessment of 5100.00 per day for 20 days of violation, <br />from October 28, 1993 to November 18, 1993. <br />This Cease and Desist Order shall remain in effect until all terms have been <br />satisfied by the operator. <br />