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<br />-2- <br />CEASE AND DESIST ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. 34-32.5-124(2),(6) <br />and (7) the Colorado Mined Land Reclamation Board hereby orders Earl and Becky Bennett to: <br />1. Cease and desist from conducting the following mining operations at the Bennett Gravel Pit -Permit <br />M-79-166: Any activity other than reclamation activities on the affected area outside of the permit <br />boundary approved in Permit No. M-79-166. <br />2. Mail, within one (I) day after receipt of this Notice, to the Mined Land Reclamation Board, written notice <br />of your compliance with paragrnph one (I) of this Cease and Desist Order. <br />3. Complete the following corrective action: <br />Secure Division approval of, by December 31, 1997, an application which addresses incorporntion <br />of the area of violation, into the approved permit area of Permit M-79-166. <br />4. The Colorado Mined Land Reclamation Board ordered that Earl and Becky Bennett pay a civil penalty in <br />the amount of $7,000.00. $300.00 of the civil penalty, due within 30 days of the signature date of this <br />Board Order, has been paid by the operator. Payment of the remaining $6,700.00 deferred portion of the <br />civil penalty is deferred until the approval date of the application required in No. 3 above. If the application <br />is approved, the $6,700.00 is waived. <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 aze advised to <br />consult the Colorado Mined Land Reclamation Act and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a certain time, <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 this Order ate advised to consult C.R.S. 24~-106, as <br />amended. <br />Dated at Denver tfi~ day o~.4(-~ ~~ <br />T' <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MI AEL B. LON Director <br />Division of Minerals and e <br />M:bss~.ir'Vd791b6bd.odr <br />