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C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to $5,000 for each violation <br />and provides that each day of continuing violation may be deemed a separate violation. <br />Important: Please read the reverse side of this page. <br />IMPORTANT- Please read carefully: <br />Expiration Date of Notice - Informal Hearing at Site. If this notice requires cessation of mining, <br />expressly or in practical effect (but not otherwise), it will expire automatically 30 days after service upon <br />you, unless, within that time, (a) an informal hearing on the cessation has been held at or near the site, or <br />(b) the operator has waived the holding of such a hearing. The hearing will be presided over by <br />representatives of the Division other than the representative who issued the order. Temporary relief from <br />the order may not be requested at such hearing. Your right to a formal review is not affected by any <br />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 notice of <br />violation in a public hearing before the Colorado Mined Land Reclamation Board. You may apply for <br />review by submitting a request for review within 90 days of the issuance of this order. The request for <br />review must be submitted to: Colorado Mined Land Reclamation Board, 1313 Sherman Street, Room <br />215, Denver, Colorado 80203. <br />If you request a formal hearing, you may request temporary relief from this notice of violation, pending <br />hearing, but the filing of a request for review does not operate as a stay of any order or notice. <br />Procedures in this regard are found in C.R.S. 1973, 34-33-124. <br />3. Penalties. If you fail to correct any of the violations described in this notice within the period permitted <br />for its correcting, a minimum penalty of $750.00 or more must be assessed for each day during which the <br />violation(s) continues beyond the abatement period set forth in this notice. <br />If you willfully and knowingly fail or refuse to comply with a condition of a pennit, you will be subject <br />to criminal prosecution and will, upon conviction, be punished by a fine of not more than $10,000.00 or <br />by imprisonment for not more than one year, or both. <br />In accordance with Section 5.04.3(1) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, within 15 days of service of a notice of violation or cessation <br />order, you may submit written information about the violation to the Division. The Division shall <br />consider any information so submitted in determining the facts surrounding the violation and the <br />amount of civil penalty to be proposed under Section 5.04.3(2). <br />4. Effect on Permit. In addition, if it is determined that a pattern of violations exists and that the violations <br />were caused by unwarranted failure to comply, or were willfirl, your permit may be suspended or <br />revoked. <br />NOV FORM (3/97) <br />