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<br />-2- <br />NOTICE OF VIOLATION <br />Based upon th se 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 />Suburban Sand and Gravel Company to be in violation of Permit M-79-195, <br />specifically Exhibit E - Reclamation Plan, and C.R.S. 34-32-116(I>. <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 Suburban Sand and Gravel to: <br />1. Cease and desist from conducting the following mining operations at the <br />Road Runner II Pit - Permit M-79-195: backfilling of concrete or any other <br />material which may not meet the State Health Department's definition of "inert <br />material" until a technical revision is approved by the Division o-,hich <br />clarifies what materials may be used for fill. <br />2. 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 ac [ion: <br />a. Submit a technical reivsion by December 18, 1993 to the Division, which <br />clarifies what types of materials may be used as fill. This application <br />must include proof of an application for a certificate of designation <br />from Adams County, acceptable to the Colorado Department of Health, or <br />proof that a certification of designation is not necessary. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the <br />amount of '5250.00, within 30 days of the signature date of this document. <br />This is based upon an assessment of 5250.00 per day for 1 day of violation, <br />from October 28, 1993 to October 29, 1993. <br />This Cease and Desist Order shall remain in effect until all terms have been <br />satisfied by the operator. <br />