ENFORCE30682

• Permit No: M2002053
• IBM Index Class Name: Enforcement
• Doc Date: 5/7/2002
• Doc Name: Cease and Desist Order
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY !M~-~d 3 - o h ~
CEASE AND DESIST O DER t/
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Operatonr/Company Name: // /! / Locations ,y- ~/ a // ~7 , /
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Address: _ ~- `/ ~! /o .3 C, rz. / / (Legal -Section, Township, Range) x
Phone: 97~ 775 'l/a a.
(O erasion Type)
s ce and diyectio4 fro nearest city) 1
2ry,~ ,~. 2ry9S1-.~u~~Y9TrirN~1~tarv~~
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(County)
(Commodity Mined)
The Mined Land Reclamation Division ("the Division") has conducted an inspection of the above-
referenced operation has dettt~d that you aze: `
~~~\ ~\~o ~ln~ ~pu\.+.C~~ 2\a1 ~,J ~~W Co .~v, 2~, v'.C,
conducting a mining operation without a permit in violation ~€C~.S~4-32~9~,~q~t~
C.R.S.34-32.5-109(1) '
,prospecting or exploration without having filed a notice of intent to conduct prospecting
or exploration operations as required by C.R.S. 34-32-113(1), or C.R.S.34-32.5-113(1)
Whenever an operator fails to obtain a valid permit or file a Notice of Intent to Conduct Prospecting
or Exploration, the Board or Division may issue an immediate cease and desis order, except that only
the Boazd can issue a ce~sg at~d~de ' t order for operators who affe acrea~y th~pproved
permit boundary. Concurrently with a issuance of such an order, the Board or Dit~Iston may seek a
restraining order or injunction.
C.R.S. 34-32-132(2) and (3), and C.R.S. 34-32.5-123(2) and (3) provides for imposition of civil
penalties of $1,000 to $5,000 per day ($50 to $200 per day for prospecting or exploration and limited
impact operations that are regulated under C.R.S. 34-32-101) for each day the land has been affected
for up to a maximum of 60 days. For unpermitted construction material mining operations, the civil
penalty may be imposed for each day [he land has been affected for up to a maximum of 365 days.
'~. 1
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You are ordered to immediately cease and desi 'b-.all mining, prospecting,~a~~`e`xglo}~~~n~ctrv~t~e~
other than those required to prevent damage to off s~e areas or protect the pub]icYiBal~th and safety.
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The Division will send a report of our inspection within 10 days. You will also receive a notice, by
Certified Mail, of a hearing to~be, held to consider the `pcfs~}~ wdg~tt~ PThg (Acts require you be
given thirty (30) days notice ofthis-hearing. ~1c~P
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Company/Operator Represen.~4we~~~ ~,__, ,_ ±
(Signature of Person Served)
(Please print name)
(ORIGINAL -Person Served) (Yellow -Division Copy) t/99