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C O L O R A D O 1313 Sherman St. Room 215 Denver,co 801203 <br /> A C4� 01hd Division of Reclamation, P�303) 866-3567 F 003) 832.8106 <br /> Mining and Safety htkns:�ldrms.c°�orado_�oV <br /> Department of Natural Resources <br /> NOTICE AND ORDER TO PAY FIXED PENALTY <br /> NOV/CO NO.: CV-2021-001 <br /> Mine: New Elk Mine Date NOV or October 22, 2021 <br /> CO Issued: <br /> Permit No.: C-1981-012 Type of Mine: Underground/Non-Federal <br /> County: Las Animas <br /> Operator (If New Elk Coal Company, LLC Permittee: New Elk Coal Company, <br /> Other than LLC <br /> Permittee): <br /> Mail Address: 12250 Highway 12 Mail Address: 12250 Highway 12 <br /> Weston, CO 81091 Weston, CO 81091 <br /> TO OPERATOR: <br /> Please take notice that the Division of Reclamation, Mining and Safety ("the Division") of the <br /> Colorado Department of Natural Resources, pursuant to the provisions of C.R.S. 34-33-123, has <br /> entered an order fixing the amount of civil penalty against you at$1,000.00. <br /> You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. <br /> If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of <br /> penalty to the Division within 30 days after receipt of this notice and request a public hearing before <br /> the Mined Land Reclamation Board. Your request for a public hearing must be in writing and filed <br /> with the Division within the above 30-day period. It should briefly set forth the legal and factual basis <br /> of your objection to the penalty or the findings of violations. The fact of the violation may not be <br /> contested if it has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). <br /> Failure to pay such penalty amount and to request hearing within such period of time will constitute a <br /> waiver by you of all further right to contest such penalty or such violation. <br />