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-2- CEASE AND DESIST ORDER Based upon these same Findings of Fact and Notice of Violation, and in 34-32.5-124(2),(6) and (7) the Colorado Mined Land Reclamation Board 1 Construction Co., Inc. to: .ante with C.R.S. orders Southway 1. Cease and desist from conducting the following mining operations at the 1~1 Norte Pit -Permit M-84-026: Any activity other than reclamation activities on the affecte area outside of the permit boundary approved in Permit No. M-84-026. 2. Mail, within one (1) day after receipt of this Notice, to the Mined Land~eclamation Board, written notice of your compliance with paragraph one (1) of this Cease a Desist Order. 3. Complete the following corrective action: Submit, by February 28, 1998, an application fora 112(c) recl~ation permit that incorporates the area of violation into an approved permit area, nd receive Division approval of that application within 120 days of submittal. 4. Pay a civil penalty in the amount of $76,333.00, with $75,000 of the enalty suspended. Southway Construction Company must pay the $1,333.00 portion of the ci '1 penalty within 30 days of the signature date of this Board Order. This Cease and Desist Order shall remain in effect until all terms have been satis ed by the operator. In clarification of the rights of recipients of Notices of Violation, Cease and advised to consult the Colorado Mined Land Reclamation Act and the State Act. Nothing herein contained, particularly those portions requiring certain acts to be certain time, shall be construed as a permit or license to engage in any prc operations within the State. Persons concerned with judicial review of the provisions of this Order are 24-4-106, as amended. :~ Dated at Denver this ~r ~ day of ~`~ COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES MICHAEL B. NG, Director Division of Minerals an ogy Orders, parties are istrative Procedure d within a or mining to consult C.R.S. M. \au\`aw\ MB1026hd.odr