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-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fac[ and in accordance with C.R.S. 34-32-124(6), tlSe Colorado Mined Land <br />Reclamation Board hereby finds Battle Mountain Resources Inc. [o be in violation of )permit M-88-112, C.R.S. <br />34-32-124 for failure [o comply with conditions of an approved permit. <br />CEASE AND DESIST ORDER <br />AND CIV[L PENALTIES <br />Based upon these same Findings of Fac[ and Notice of Violation, and in accordance w{th C.R.S. 34-32-124 the <br />Colorado Mined Land Reclamation Board hereby orders Battle Mountain Resources Ina;. to: <br />Complete the following corrective action(s): Sample the soils beneath leach tunl< #5 and #7 to determine <br />the depth of cyanide contamination. Excavate all of the contaminated soils ar•d deposit in the tailings <br />facility. The cortective action was completed March 1 I, 1997. <br />2. Pay the Colorado Mined Land Reclamation Board :t civil penalty in the amount of $100.00, within 30 days <br />of the signature date of this document. This is based upon an assessment of $100.00 per day for I <br />day of violation, November 25, 1996, with $0.00 suspended upon completion of the corrective action <br />outlined in [his order. <br />This Cease and Desist Order shall remain in effect until all terms have been satisfied b~ 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 and the State Administrative Procedure Act. <br />