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<br />-2- <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32-124(6), the Colorado Mined Land <br />Reclamation Board hereby fmds COM, Inc. and Mi Vida Enterprises, lac. to be w violation of Permit 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 Fact and Notice of Violation, and in accordance with C.R.S. 34-32-124(2),(6) <br />and (7) the 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 al 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 the 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 />embanl®ent end the clean up of the tailings in the building. The engineered plan must be acceptable to <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 (() day after receipt of this Notice, to the Mined Land Reclamation Board, written notice <br />of your compliance with paragraph one (1) of this Cease and Desist Order. <br />3. Complete the following corrective action: <br />a. Obtain as approved permit on the site by February 28, 1995. If as approved permit is not <br />obtained by February 28, 1995, the Division shall notice the co-permittees for permit revocation <br />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 order. The sum of $500.00 <br />is due within 30 days of the signature date of [his document. If the corrective actions are not completed <br />by February 28, 1995, the entire $5,000.00 Civil Penalty is due on March 1, 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 Act and the State Administrative Procedure Acl. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain lime, <br />shall be construed as a permit or license to engage in any prospecting or mining operations within the State. <br />Persons concerned with judicial review of the provisions of [his Order are advised to consul[ C.R.S. 24~-106, as <br />amended. <br />Dated at Denver this~day of ~-,~. ~.--, ,~1~~ <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL. RESOURCES <br />MICHAEL B. G, Directo <br />Division of Minerals an <br />M:wss.®rcoun~u..ry <br />