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R6pf'C <br />N <br />'. <br />~ ~Bt6 ~ <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV/CO NO.: CV-2005-001 <br />MINE: Hamilton Mine <br />PERMITNO.: C-1991-078 <br />OPERATOR/PERMITTEE: <br />Honeywood Coal Company <br />ATTENTION: Rick Wazd <br />ADDRESS: 95 White Bridge Road, No. 404 <br />Nashville, TN 37205 <br />TO OPERATOR: <br />DATE ISSUED: February 1, 2005 <br />TYPE OF MINE: Surface/Non-Federal <br />COUNTY: Montrose <br />Please take notice that the Division of Minerals and Geology ("the Division") of the Colorado <br />Department of Natural Resources, pursuant to the provisions of C.R.S. 34-33-123, has entered an order <br />fixing the amount of civil penalty against you at $500.00. <br />You aze 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 penalty <br />to the Division within 30 days after receipt of this notice and request a public hearing before the Mined <br />Land Reclamation Boazd. Your request for a public hearing must be in writing and filed with the <br />Division within the above 30-day period. It should briefly set forth the legal and factual basis of your <br />objection to the penalty or the findings of violations. The fact of the violation may not be contested if it <br />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 6me will constitute a <br />waiver by you of all further right to contest such penalty or such violation. <br />DIVISION OF(M~IN~ ER~AL~S/AND GEOLOGY <br />By xU/IM~Yt (%t <br />(Signature) <br />Name: Wallace H. Erickson <br />Title: Environmental Protection Specialist <br />Date: ~/ Z~ I ~S~ <br />C.RS. 1973, 34-33-i23(8)(d)(0 C-NV-0SA_C1991078_TAK_20050329 93449 AM <br />