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<br />-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Pact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land <br />Reclamation Board hereby finds COM, Inc. and Mi Vida Enterprises, Inc. to be in violation of Perini[ M-83-141, <br />and NOV and Board Order No. M-94-042. <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fac[ and Notice of Violation, and in accordance with C.R.S. 34-32-124(2),(6) <br />and (7) [he Colorado Mined Lend Reclamation Board hereby orders COM, Inc. and Mi Vida Enterprises, Inc. to: <br />Cease and desist from conducting the following mining operations at the Gold Hill Mill and Mines -Permit <br />M-83-141: Cease and Desist on the use of the mill and tailings impoundment until a properly engineered <br />plan is submitted to [he Division in the form of a new permit application which solves the problems of the <br />lack of safe freeboard in the impoundment, the instability of the currently deposited tailings near the <br />embankment and the clean up of [he tailings in [he building. The engineered plan must be acceptable [o <br />the Division and the use of the mill or impoundment cannot be restored until the operator receives written <br />approval from the Division. <br />2. Mail, within one (I) day after receipt of [his Notice, to [he Mined Land Reclamation Board, written notice <br />of your compliance with paragraph one (I) of this Cease and Desist Order. <br />Complete the following corrective action: <br />a. Obtain an approved permit on the site by June 14, 1995, a week before the June 21-22, 1995 <br />Boazd Meeting. If an approved permit is not obtained by June 14, 1995, the Division shall notice <br />[be co-permit[ees for permit revocation and bond forfeiture. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of $5,000.00, with <br />$4,500.00 suspended upon completion of the corrective action outlined in this modified order. The sum <br />of $500.00 is due within 30 days of [he signature date of this document. If the corrective actions are not <br />completed by June 14, 1995, the entire $5,000.00 Civil Penalty is due on June I5, 1995. <br />This Cease 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 Ac[ and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, <br />shall be construed as a permit or license to engage in any prospecting or mining operations within [he State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. 24-4-106, as <br />amended. <br />S~ <br />Dated al Deaver [his day of ~~~.-~ c.~ ~=,~ . <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LO ' ector <br />Division of Minerals and Geology <br />M:10~a,mn\Goldhill.wry <br />