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`J <br />Pqp/ 2 <br />ORDER <br /> <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />1. High Flume is hereby found to be IN VIOLATION of Section 34-32.5-I 16(4)(i), C.R.S., <br />for causing damage to azeas outside the affected land during mining operations or <br />reclamation. <br />2. High Flume shall comply with the following CORRECTNE ACTION: submit a <br />conversion application by April 20, 2001, that addresses incorporation of the off-site <br />disturbance into Permit No. M-1990-093, and secure Division approval of that <br />application within statutory timeframes. <br />3. High Flume is hereby assessed a CNIL PENALTY of $100.00 per day for 47 days of <br />violation, totaling $4,700.00, pursuant to Section 34-32.5-123(2), C.R.S. All but <br />$500.00 of the Civi] Penalty shall be suspended pending compliance with the Corrective <br />Actions set forth above. The unsuspended $500.00 portion of the Civil Penalty shall <br />be paid within 30 days of the signature date of this Order. <br />The rights and obligations of recipients of a Notice of Violation/Cease and Desist Order are described <br />in the Colorado Land Reclamation Act for the Extraction of Construction Materials, Sections 34-32.5- <br />10] et seg„ Colorado Revised Statutes. <br />Nothing contained herein, particularly those portions requiring certain acts to be performed <br />within a certain time, shall be construed as a permit or license to engage in any prospecting or <br />mining operations within the State of Colorado. <br />Dated thisL~ay of 2001 <br />MINED LAND RECLAMATION BOARD <br />Michael B. Long, <br />Division of Minerals and Geology <br />