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.-~ <br />-z- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance <br />C.R.S. 34-32-124(6), the Colorado Mined Land Reclamation <br />Colina Oro Molino, Inc. and Mi Vida Enterprises, Inc. to <br />Permit M-83-141, specifically Exhibits C.R.S. 34-32-116( <br />Colorado Mined Land Reclamation Act and Rule 3.1.5(5) of <br />Regulations of the Mined Land Reclamation Board. <br />CEASE AND DESIST ORDER <br /> <br />with <br />Board hereby finds <br />be in violation of <br />7)(c) and (d) of the <br />the Rules and <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 Colina Oro Molino, Inc. and Mi Vida <br />Enterprises, Inc. to: <br />Cease and desist from conducting the following mining operations at the <br />Gold Hill Mill and tailings impoundment - Permit M-83-141: Cease and <br />Desist operation of the mill and tailings impoundment until corrective <br />actions are completed. Accepting and stockpiling ore for the mill is <br />exempted from this cease and desist order. <br />2. Mail, within one (1) day after receipt of this Notice, to the Mined <br />Land Reclamation Board, written notice of your compliance with <br />paragraph one (1) of this Cease and Desist Order. <br />3. Complete the following corrective action: <br />a. Submit a new permit application to the Division by November 1, 1994 <br />which includes a plan which provides for a safe freeboard level and <br />an engineered design to either modify the existing impoundment or <br />build a new impoundment which can handle the expected amount of <br />tailings in a stable manner. <br />b. Obtain an approved permit application by December 1, 1994. <br />4. Pay the Colorado Mined Land Reclamation Board a civil penalty in the <br />amount of $450.00, within 30 days of the signature date of this <br />document. This is based upon an assessment of $150.00 per day for 3 <br />days of violation, from August 14, 1994 to August 17, 1994. <br />This Cease and Desist Order shall remain in effect until all terms have been <br />satisfied by the operator. <br />In clarification of the rights of recipients of Notices of Violation, Cease <br />and Desist Orders, parties are advised to consult the Colorado Mined Land <br />Reclamation Act and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts <br />to be performed within a certain time, shall be construed as a permit or <br />license to engage in any prospecting or mining operations within the State. <br />