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1 <br />'• <br /> <br />ORDER <br />Based on the above findings of fact and conclusions of law, the Board ORDERS that: <br />I. Melby is hereby found to be IN VIOLATION of Sections 3~3-32.5-1090), C.R.S., <br />for conducting mining operations without a permit. <br />2. The Cease and Desist Order issued by the Division is hereby affirmed, and shall <br />remain in effect pending compliance with the corrective action below. <br />Melby shall comply with the following CORRECTIVE ACTION: <br />• Post an interim reclamation bond in the amount of $5000.00 by August 27, 1999. <br />Secure an approved Construction Materials Limited Impact 1 l0 permit by September <br />27, 1999, or secure an approved Construction Materials l 12 permit by January 24, <br />2000. <br />4. Melby is hereby assessed a CN1L PENALTY of $1000.00 per day for 1 day of <br />violation, pursuant to Section 34-32.5-123(2), C.R.S., and $37.93 per hour for 15 hours of staff <br />time, pursuant to Section 34-32.5-123(4), C.R.S., totalling $1,568.95. The $1,568.95 Civil <br />Penalty shall 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 <br />described in the Colorado Land Reclamation Act for the Extraction of Construction Materials, <br />Sections 34-32.5-101 et sec ., Colorado Revised Statutes. <br />Nothing contained herein, particularly those portions requiring certain acts to be <br />performed within a certain time, shall be construed as a permit or license to engage in any <br />prospecting or mining operations within the State of Colorado. <br />Dated this ~ 1 day of August, 1999 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />FOR THE BOA \~ <br />BY: .--r ~ ~ / ~ ~~ <br />MICH EL B. LONG, Director <br />Di on of Minerals and Geology <br />M:bssV'Mh1lBuud OrdasVuly99\m99-O71.~d1 duu <br />