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<br />Page 2 of 4 <br /> <br /> <br />IMPORTANT: Please read carefully. <br /> <br />1. Expiration Date of Notice - Informal Hearing at Site. If this notice requires cessation of mining, expressly <br />or in practical effect (but not otherwise), it will expire automatically 30 days after service upon you, unless, <br />within that time, (a) an informal hearing on the cessation has been held at or near the site, or (b) the operator <br />has waived the holding of such a hearing. The hearing will be presided over by representatives of the <br />Division other than the representative who issued the order. Temporary relief from the order may not be <br />requested at such hearing. Your right to a formal review is not affected by any waiver on your part of an <br />informal hearing. <br /> <br />2. Formal Review and Temporary Relief. The operator has the legal right to a review of this notice of violation <br />in a public hearing before the Colorado Mined Land Reclamation Board. You may apply for review by <br />submitting a request for review within 90 days of the issuance of this order. The request for review must <br />be submitted to: Colorado Mined Land Reclamation Board, 1313 Sherman Street, Room 215, Denver, <br />Colorado 80203. <br /> <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. Procedures <br />in this regard are found in C.R.S. 1973, 34-33-124. <br /> <br />3. Penalties. If you fail to correct any of the violations described in this notice within the period permitted for <br />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 /> <br />If you willfully and knowingly fail or refuse to comply with a condition of a permit, you will be subject to <br />criminal prosecution and will, upon conviction, be punished by a fine of not more than $10,000.00 or by <br />imprisonment for not more than one year, or both. <br /> <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 /> <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 willful, your permit may be suspended or revoked. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />NOV FORM (3/97)