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<br /> <br /> <br />-2- <br /> <br />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 e xpire 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 /> <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 /> <br />Mined Land Reclamation Board <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br /> <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 /> <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 /> <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 /> <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 /> <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.