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<br />-z- <br />CEASE AND DESIST ORDER <br /> <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with C.R.S. <br />34-32.5-124(2),16) and (71 the Colorado Mined Land Reclamation Board hereby orders Montrose <br />County to: <br />Cease and desist from conducting the following mining operations at the BLM/West End Pit - <br />Permit M-92-017: Any activity other than reclamation activities on the affected area outside <br />of the permit boundary approved in Permit No. M-92-017. <br />2. Mail, within one (I) day after receipt of this Notice, to the Mined Land Reclamation Board, <br />written notice of your compliance with paragraph one (q of this Cease and Desist Order. <br />Complete the following corrective action: <br />al Submit, and receive Division approval of, a 112 conversion application which <br />incorporates the affected area, outside the approved permit boundary, into the permit <br />area of a mine site with an approved reclamation permit, by October 1, 1998. <br />If public objections to the application are received, then the due date for approval of <br />the application is extended to the date of the next available meeting of the Mined <br />Land Reclamation Board. <br />bl Install and maintain markers that adequately define the permit boundary so it is <br />readily identifiable. <br />4. Pay a civil penalty in the amount of 59,000.00, with all but 51,000.00 of the penalty <br />suspended if Montrose County completes the required corrective actions specified above, <br />within the time frame specified. Montrose County must pay the $1,000.00 portion of the <br />civil perialty within 30 days of the signature date of this Board Order. <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 <br />advised to consult the Colorado Mined Land Reclamation Act and the State Administrative Procedure <br />Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within a <br />certain time, shall be construed as a permit or license to engage in any prospecting or mining <br />operations within the State. <br />Persons concerned with judicial review of the provisions of this Order are advised to consult C.R.S. <br />24-4-106, as amended. <br />~ti ~ ~ <br />Dated at Denver this S day of ~ ~ ~~ , <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. L Director <br />Division of Minerals an y <br />