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<br />5. The Mined Land Reclamation Board conducted a Formal Public Hearing on November 18, <br />1998 to consider an appeal of the Cease and Desist Order issued to Avery Structures, Inc. in <br />conjunction with Notice of Violation, MV-98-035 and revised that Cease & Desist Order. <br />NOTICE OF VIOLATION <br />Based upon these same Findings of Fact and in accordance with C.R.S. 34-32.5-124(6), the Colorado <br />Mined Land Reclamation Board hereby finds Avery Structures, Inc. to be in violation of Permit <br />M-79-010 and C.R.S. 34-32.5-109(1). <br />REVISED <br />CEASE AND DESIST ORDER <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),(8) and (7) the Colorado Mined Land Reclamation Board hereby releases Avery <br />Structures, Inc. from the Cease and Desist Order originally issued in conjunction with Notice of <br />Violation MV-98-035, allows Avery Structures, Inc. to continue mining in the areas currently disturbed <br />and orders Avery Structures, Inc. to: <br />Complete the following corrective actions: <br />A) Submit a complete amendment application by November 20, 1998. <br />B) Obtain Division, or Board approval of the amendment application by February 18, 1999. <br />C) The amendment application should incorporate, at least, all the disturbed acreage <br />outside the existing permit area which is related to the mining activity. <br />D) The amendment application must address all water rights issues including compliance <br />with applicable Colorado water laws and regulations governing injury to existing water <br />rights. <br />E) Submit an interim reclamation bond in the amount of $108,000.00 by November 20, <br />1998. <br />2. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of $10,733.00, <br />within 30 days of the signature date of this document. This is based upon an assessment of <br />$1000.00 per day for 42 days of violation, from September 9, 1998 to October 21, 1998, plus <br />$733.00 for staff time, with $32,000.00 suspended upon completion of the corrective action <br />outlined in this order. <br />This Cease and Desist Order shall remain in effect until all terms have been satisfied by the operator. <br />