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•. V <br />4. The level of fault attributed to the operator in causing the violations cited in the NOV was of a lower <br />degree than determined in the Division's June 27, 1993 Notice of Proposed Amount of Civil Penalty. <br />5. The civil penalty in the Notice and Order to Pay Fixed Penalty should be modified to reflect the following <br />assessments: <br />a. History 5 50.00 <br />b. Seriousness 500.00 <br />c. Fault 500.00 <br />d. Good Faith Deduction 0.00 <br />Total 51.050.00 <br />BOARD ORDER <br />Pursuant to the authority vested in the Board by C.R.S. 34-33-101 et seq. and Sections 5.04.4131 and <br />5.04.4141 of the Board's Regulations, the Board hereby orders that: <br />1. The Division remit from the original 51,550.00 civil penalty submitted by Landmark an amount of <br />5500.00, plus any interest due, to the operator. <br />In clarification of the rights of recipients of Notices of Violation, Cease and Desist Orders and Board Orders, <br />parties are advised to consult the Colorado Surface Coal Mining Reclamation Act and the State <br />Administrative Procedures Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be pertormed within a certain <br />time, shall be construed as a permit or license to engage in any prospecting or mining operations within the <br />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 />Dated at Denver this ~~ day of ~ave.,.r.G•ar- 99 <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />12~LZ ~ Ai.L <br />CHAIRMAN <br />m:\oes\blev\order <br />