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2020-06-17_ENFORCEMENT - C1980007
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2020-06-17_ENFORCEMENT - C1980007
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Last modified
12/19/2024 7:47:29 AM
Creation date
6/17/2020 7:38:02 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
Enforcement
Doc Date
6/17/2020
Doc Name
Cessation Order
From
DRMS
To
Mountain Coal Company, LLC
Violation No.
CO2020001
Email Name
LDS
JRS
JDM
SLB
Media Type
D
Archive
No
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1. Expiration Date of Notice-Informal Hearing at Site. If this Order requires cessation of mining, <br /> expressly or in practical effect(but not otherwise),it will expire automatically 30 days after service <br /> upon you, unless, within that time, (a) an informal hearing on the cessation has been held at or <br /> near the site, or (b) the operator has waived the holding of such a hearing. The informal hearing <br /> will be presided over by representatives of the Division other than the representative who issued <br /> the Order. Temporary relief from the Order may be requested at such hearing. Your right to a <br /> formal review is not affected by any waiver on your part of an informal hearing. <br /> 2. Formal Review and Temporary Relief. The Operator has the legal right to a review of this Order <br /> or Violation in a formal public hearing before the Colorado Mined Land Reclamation Board. You <br /> may apply for review by submitting a Request for Review within 90 days of the issuance of this <br /> Order. The Request for Review must be submitted to: <br /> Mined Land Reclamation Board <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> If you request a formal hearing,you may request temporary relief from this Order,pending hearing, <br /> but the filing of a request for review does not operate as a stay of any Order or Notice. Procedures <br /> in this regard are found in C.R.S. 1973, 34-33-124. <br /> 3. Mandatory Minimum Penalties. C.R.S. 1973, 34-33-123(8)(1) requires that a mandatory <br /> minimum penalty of$750.00 or more must be assessed for each day during which the violation(s) <br /> continues beyond the abatement period set forth in this Order or in any Notice of Violation. <br /> If you willfully and knowingly fail or refuse to comply with this Order, you will be subject to <br /> criminal prosecution and will,upon conviction,be punished by a fine of not more than $10,000.00 <br /> or by imprisonment for not more than one year, or both. <br /> 4. Effect on Permit. In addition, if it is determined that a pattern of violations exists, and that the <br /> violations were caused by unwarranted failure to comply, or were willful, your permit may be <br /> suspended or revoked. <br /> C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to $5,000.00 for each <br /> violation listed in the schedule and provides that each day of continuing violation may be deemed <br /> a separate violation. <br /> Page 2 of 4 <br />
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