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-2- <br />C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to <br />$5,000 for each violation and provides that each day of continuing violation <br />may be deemed a separate violation. <br />Date of Service December 19 1984 <br />MINED kA~10 RECLAMATION DIV ION <br />Person Served <br />Candace M. Thompson <br />ease print name and tit a Authorized representative <br />Signature <br />erson served <br />CERTIFIED MAIL N0. P 397 145 678 <br />Return Receipt Requested (Name and title - please print) <br />IMPORTANT: Please read carefully. <br />1. Ex iration Date of Notice - Informal Hearin at Site. If this notice <br />requires cessation or mining, express y or in practical effect (but not <br />otherwise), it wilt expire automatically 30 days after service upon you, <br />unless, within that time, (a) an informal hearing on the cessation has been <br />held at or near the site, or (b) the operator has waived the holding of such a <br />hearing. The hearing will be presided over by representatives of the Division <br />other than the representative who issued the order. Temporary relief from the <br />order may not be requested at such hearing. Your right to a formal review is <br />not affected by any waiver on your part of an informal hearing. <br />2. Formal Review and Temporary Relief. The Operator has the legal right to <br />a review of this notice of violation in a public hearing before the Colorado <br />Mined Land Reclamation Board. You may apply for review by Submitting an <br />application far review within 90 days of the issuance of this order. The <br />application far review must be submitted to: .Mined Land Reclamation Board, <br />1313 Sherman Street, Room 423, Oenver, Colorado 80203. <br />If you request a formal hearing you may request temporary relief from <br />this notice of violation, pending hearing, but the filing of a request for <br />review does not operate as a stay of any order or notice. Procedures in this <br />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 <br />this notice within the period permitted for its correcting, a minimum penalty <br />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 notice. <br />If you willfully and knowingly fail or refuse to comply with a condition <br />of a permit, you will be subject to criminal prosecution and will, upon <br />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 />