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... .. <br />-2- <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fad and Notice of Violation, and in accordance with <br />C.R.S. 3432-124(2),(6) and (7) the Colorado Mined Land Reclamation Board hereby orders <br />Rio Grande County to: <br />1. Cease and desist from conducting any mining, or mining related activities, at the 374 Pit - <br />Permit M-87-020, or in the unpermitted disturbed area outside the permit boundary. <br />2. Mail, within one (q day aker receipt of this Notice, to the Mined Land Reclamation Board, <br />written notice of your compliance with paragraph one (I) of this Cease and Desist Order. <br />3. Complete the following corrective action: <br />a. Submit a complete conversion application to the Division by <br />October 22, 1995 converting the existing Limited Impact 110(2) permit to a <br />Regular 112 operation permit. The application must be approved within 120 <br />days of submittal (by February 19, 1996). <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of <br />$43,000.00, within 30 days of the signature date of this document. This is based upon an <br />assessment of $1,000.00 per day for 43 days of violation, from July 11, 1995 to <br />August 23, 1995 with $0.00 suspended upon completion of the corrective actiah outlined <br />in this order. <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 <br />are advised to consult the Colorado Mined Land Reclamation Ad and the State Administrative <br />Procedure Ad. <br />Nothing herein contained, particularly those portions requiring certain ads to be performed within <br />a certain time, shall be construed as a permit or license to engage in any prospecting or mining <br />operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult <br />C.R.S. 244106, as amended. <br />Dated at Denver this`o~ day of ~ 5 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. LO G, Director <br />Division of Minerals an eo ogy Mwss~mm~a~.;a <br />