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SPATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: COM, Inc. ) NOTICE OF VIOLATION M-95-001 P.O. Box 17304. ) AND Boulder, CO 80308-0304 ) CEASE AND DESIST ORDER and Mi Vida Enterprises, Inc. P.O. Box 1523 Longmont, CO 80502 TO: COM, Inc. and Mi Vida Enterprises, Inc. and all other persons engaged in or owning or controlling [he following operation: Gold Hill Mill and Mines located in Section 12, T1N, R72VJ, 6th P.M., in Boulder County, Colorado. FINDINGS OF FACT Pursuant to [he authority vested in the State of Colorado Mined Land Reclamation Board by C.R.S. 34-32-124, the Board hereby makes the following findings of fact: COM, Inc. and Mi Vida Enterprises, Inc. are permitted to conduct a mining and milling operation under the terms of Permit M-83-141 located in Section 12, Township 1 North, Range 72 West of the 6th P.M., in Boulder Cotmty, Colorado. 2. The Mined Land Reclamation Board conducted a Formal Public Hearing on January 25, 1995 to consider possible violation of the terms of Permit M-83-141 and C.R.S. 34-32-101 et sw• 3. The Division of Minerals and Geology presented evidence at the Formal Public Hearing on Ianuary 25, 1995, demonstrating that: a. On September 21, 1994 the Board issued NOV M-94-042 to COM, Inc. and Mi Vida Enterprises, Inc. for loss of containment of tailings from overtopping the tailings impoundment and outside the mill building. The co-permittees were ordered to Cease and Desist all milling and mining on the site until corrective actions spelled out in NOV M-94-042 were completed. One of the corrective actions was to obtain a new permit for the mill and tailings impoundment which addressed the problems with these structures by December 1, 1994. b. As of ]anuary 25, 1995, the new permit has not been obtained by either co-permittee as required in NOV M-94-042. c. On December 16, 1994, Tim Hartley officially replaced Wayne Tatman as representative for COM, Inc. and began handling COM, Inc.'s new permit application (File No. M-94-117).