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<br />-2- <br />BOARD ORDER <br /> <br />Based upon these findings of Fact, in accordance with C.R.S. 34-32-101 <br />et sec., the Colorado Mined Land Reclamation Board hereby orders the following <br />corrective actions: <br />1. The petition for reconsideration of Notice of Violation No. M-92-021 is <br />denied. <br />2. If the issue concerning the proper names on the permit and Notices of <br />Violation is resolved within ZO days of the August 26, 1992 Board meeting, <br />55,000.00 shall be suspended from the civil penalty on Notice of Violation No. <br />M-92-021 due to good faith efforts of the co-permittees to resolve the name <br />issue. <br />3. The formal public hearing of the issue concerning the proper names on <br />the permit and Notices of Violation shall be continued to the September 23-24, <br />1992 Board meeting in Glenwood Springs, Colorado. <br />4. If the issue of the proper names on the permit and Notices of Violation <br />is not resolved within 20 days of the August 26, 1992 Board meeting, the <br />Division has the authority to issue a Cease and Desist Order on the site and a <br />Reason to Believe Notice that a violation of Permit No. M-83-141 exists for an <br />invalid permittee listed on the permit. On this basis, the Division can <br />proceed to revoke Permit No. M-83-141. <br />5. A member of the Board, Susan McCannon, was designated to subpoena the <br />records of the entities listed on the permit if the co-permittees do not agree <br />on proper valid names of the permittees to be listed on the permit and Notices <br />of Violation within 20 days of the August 26, 1992 Board meeting. <br />In clarification of the rights of recipients of Board Orders, the parties are <br />advised to consult the Colorado Mined Land Reclamation Act and the State <br />Administrative Procedure Act. <br />Nothing herein contained, particularly those portions requiring certain acts <br />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 are <br />advised to consult C.R.S. 24-4-106, as amended. <br />Dated at Denver this 31st day of August, 1992. <br />COLORADO MINED LAND RECLAMATION BOARD <br />DEPARTMENT OF NATURAL RESOURCES <br />MICNPEL B. LONG, Director <br />Mined Land Reclamation Division <br />MBL/WCY/ern 4691E <br />