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~- <br />-2- <br /> <br />BOARD ORDER AND <br />ORDER TO PAY CIVII, PENALTY <br />Based upon these same Findings of Fact and Notice of Violation, and in accordance with <br />C.R.S. 34-32-124(2), (6), and (7) the Colorado Mined Land Reclamation Board hereby orders <br />Doyle Russell to: <br />1. Immediately cease and desist all mining operations. <br />2. Complete the following corrective action: <br />Submit a complete permit application no later than November 21, 1994 and obtain an <br />approved permit from the Division within 30 days of submittal if it is a 110 permit or <br />within 90 days of submittal if it is a 112 permit. <br />3. Pay the Colorado Mined Land Reclamation Board a civil penalty in the amount of <br />$1000.00, no later than December 21, 1994 in the case of a 110 permit and February 21, <br />1995 in the case of a 112 permit. The amount of $750.00 will be suspended if the permit <br />is issued by the date(s) specified in this order. <br />This Board 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 <br />are advised to consult the Colorado Mined Land Reclamation Act and State Administrative <br />Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts to be performed within <br />a 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 <br />C.R.S. 24-4-106, as amended. <br />Dated at Denver this day of ~ c~ ~ <br />COLORADO MIND LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICHAEL B. L ' <br />Division of Minerals and Geology <br />M:\OSS\ammlRuasell.gvc <br />