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<br /> <br />-3- <br />BOARD ORDER <br />Based upon these same Findings of Fact and Notice of Violation, and in <br />accordance with C.R.S. 34-32-124(1) the Colorado Mined Land Reclamation Board <br />hereby orders Mr. John Ary, d.b.a. Fremont Paving and Redi-Mix to: <br />1. Submit an adequate technical revision correcting the violations to <br />be approved by the Board at or before the September 24-25, 1985 Board <br />meeting. <br />2. Pay the Colorado Mined Land Reclamation Division a civil penalty in <br />the amount of $2,500.00 for the violations, within 30 days of the <br />signature of this document. This is based on the assessment of $250.00 <br />per day for 10 days of violation, i.e. 5 days during which oil was <br />purposely diverted to the irrigation ditch, and 5 days for summer storm <br />events during which the operator held responsibility for the site (one <br />day each in June, July, August, 1984, and, June and July, 1985). <br />In clarification of the rights of recipients of Notices of Violation, <br />Cease and Desist Orders, parties are advised to consult the Colorado Mined <br />Land Reclamation Act and the State Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain <br />acts to be performed within a certain time, shall be construed as a permit or <br />license to engage in any prospecting or mining operations within the State. <br />Persons concerned with judicial review of the provisions of this Order <br />are advised to consult C.R.S. 24-4-106, as amended. <br />"' ~ - <br />Dated at Denver this ~ " day of ~-J - <br />MINED LAND RECLAMATION BOARD <br />Department of Natural Resources <br />~ - ' David C. Shelton, Director <br />Colorado Division of <br />Mined Land Reclamation <br />CMF/ddt <br />2351E <br />