1985-10-23_ENFORCEMENT - M1977378

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NOTICE OF VIOLATION You are hereby notified that the facts stated above constitute violations of the terms of Exhibit D of Permit No. M 77-378 and the Colorado Mined Land Reclamation Act, C.R.S. 1973, as noted below. 1 . C.R.S. 34-32-116(l )(d) which requires acid-forming or toxic-producing material that has been mined to be handled in a manner that will protect the drainage system from pollution. 2. C.R.S. 34-32-116(1 ) (e) which requires all refuse to be disposed in a manner that will control unsightliness, or deterious effects from such refuse. 3. C.R.S. 34-32-116(1 ) (h) which requires disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and ground water systems both during and after the mining operation and during reclamation to be minimized. 4. C.R.S. 34-32-116(1 ) (i ) which requires areas outside of the affected land to be protected from slides or damage occurring during the mining operation and reclamation. CEASE AND DESIST ORDER Based upon the foregoing Findings of Fact and Notice of Violation, and pursuant to the provisions of C.R.S. 1973, 34-32-124, the Board hereby orders you to: 1 . Immediately cease and desist all production related mining and milling operations, specifically stockpiling of ore and processing of ore. This cease and desist order does not apply to and allows for the continued maintenance, repair, reconstruction, restoration and/or reclamation of surface facilities, drainage control structures, tailings and sludge disposal ponds and the underground mine workings and incidental stockpiling of ore related to such activities. 2. Mail , within one (1 ) day after receipt of this Notice, to the Mined Land Reclamation Board, written notice of your compliance with paragraph one (1) of this Cease and Desist Order. 3. Submit to the Division proof of compliance with Stipulations No. 1 through No. 5 of the Technical Revision approved by the Board on October 23, 1985. Upon submission of adequate proof of compliance with such Stipulations No. 1 through No. 5, this Cease and Desist Order will terminate and be of no further force and effect except as to the civil penalty provisions set forth below. 4. Pay a Civil Penalty for ninety-three (93) days of violation at four hundred dollars ($400) per day totalling thirty-seven thousand two hundred dollars ($37,200.00) .