2013-10-07_ENFORCEMENT - C1981012

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Mine: Permit No Operator (If Otherthan Permittee): Mail Address NOTICE AND ORDER TO PAY FIXED PENALTY NOV /CO NO.: CV- 2013 -008 New Elk Mine Date NOV or August 22, 2013 C- 1981 -012 New Elk Coal Company, LLC 12250 Highway 12 Weston, CO 81091 TO OPERATOR: CO Issued: Type of Mine: Underground/Non- Federal County: Las Animas Permittee: New Elk Coal Company, LLC Mail Address: 12250 Highway 12 Weston, CO 81091 Please take notice that the Division of Reclamation, Mining and Safety ( "the Division ") of the Colorado Department of Natural Resources, pursuant to the provisions of C.R.S. 34 -33 -123, has entered an order fixing the amount of civil penalty against you at $1,500.00. You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of penalty to the Division within 30 days after receipt of this notice and request a public hearing before the Mined Land Reclamation Board. Your request for a public hearing must be in writing and filed with the Division within the above 30 -day period. It should briefly set forth the legal and factual basis of your objection to the penalty or the findings of violations. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). Failure to pay such penalty amount and to request hearing within such period of time will constitute a waiver by you of all further right to contest such penalty or such violation. DIVISION OF RECLAMATION, MINING AND SAFETY By: (Signature of Authorized Representative) Leigh D. Simmons Environmental Protection Specialist Date: October 7, 2013 C.R.S. 1973, 34- 33- 123(8)(d)(fl c -NV -05 COLORADO L "'s' AT ° ` ciaw,rioty COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY MINING 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 Ss;v FETY Mine: Permit No Operator (If Otherthan Permittee): Mail Address NOTICE AND ORDER TO PAY FIXED PENALTY NOV /CO NO.: CV- 2013 -008 New Elk Mine Date NOV or August 22, 2013 C- 1981 -012 New Elk Coal Company, LLC 12250 Highway 12 Weston, CO 81091 TO OPERATOR: CO Issued: Type of Mine: Underground/Non- Federal County: Las Animas Permittee: New Elk Coal Company, LLC Mail Address: 12250 Highway 12 Weston, CO 81091 Please take notice that the Division of Reclamation, Mining and Safety ( "the Division ") of the Colorado Department of Natural Resources, pursuant to the provisions of C.R.S. 34 -33 -123, has entered an order fixing the amount of civil penalty against you at $1,500.00. You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of penalty to the Division within 30 days after receipt of this notice and request a public hearing before the Mined Land Reclamation Board. Your request for a public hearing must be in writing and filed with the Division within the above 30 -day period. It should briefly set forth the legal and factual basis of your objection to the penalty or the findings of violations. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). Failure to pay such penalty amount and to request hearing within such period of time will constitute a waiver by you of all further right to contest such penalty or such violation. DIVISION OF RECLAMATION, MINING AND SAFETY By: (Signature of Authorized Representative) Leigh D. Simmons Environmental Protection Specialist Date: October 7, 2013 C.R.S. 1973, 34- 33- 123(8)(d)(fl c -NV -05