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III IIIIIIIIIIIIIIII <br />STATE OF COLUiv99i,~~ <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />Phone: 13071 866-3567 <br />FAX: (3031 832-8106 <br />May 4, 1993 <br />Ms. Kathleen Welt <br />Mountain Coal Company <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Roy Romer <br />Govrrnor <br />.Michael B. Lonk <br />Division Drreclor <br />RE: Procedure for Requesting a Formal Hearing; NOV C-93-006; West Elk Mine; File <br />No. C-80-007 <br />Dear Ms. Welt; <br />This letter is written in response to the Mountain Coal Company (MCC) request for <br />a formal Mined Land Reclamation Board (Board) review of Notice of Violation (NOV) <br />C-93-006, received April 23, 1993. The procedures for requesting a formal <br />hearing before the Board, pursuant to Rules 5.03 and 5.04, are discussed below. <br />In order to finalize the request for a Board hearing, MCC must pay the fixed <br />penalty of $500.00 within 30 days after receipt of the notice of fixed penalty. <br />The Division will place the $500.00 into an interest bearing escrow account. <br />Failure to pay the penalty within 30 days or to request a public hearing shall <br />result in waiver of all legal rights to further contest either the violation or <br />the amount of the fixed civil penalty. <br />When the penalty is paid, MCC may request a <br />formal hearing shall be held within 60 days <br />request. This hearing shall be "of record". <br />MCC to schedule a hearing date. At this time, <br />occur until June. We will also forward your <br />to the scheduled hearing. <br />formal review by the Hoard. The <br />after the Board's receipt of the <br />The Division will coordinate with <br />it appears that the hearing cannot <br />etter to the Board two weeks prior <br />Following the public hearing, the Board will make findings of fact and will issue <br />a written decision as to the occurrence of the violation and the amount of civil <br />penalty which is warranted. The decision will also include an order regarding <br />the civil penalty. If the Board upholds the penalty, or some other amount of <br />civil penalty, MCC must pay the penalty within 30 days of the order's issuance. <br />If the Board determines no violation occurred or that the amount of the penalty <br />should be reduced, the Board will remit the appropriate amount with interest at <br />the prevailing rate from the escrow account. <br />Please call me if you have any questions. <br />Sin~erely, <br />' ~i <br />~ ` !/ <br />~~'~.~/; <br />Christine E. <br />Reclamation <br />pF'ro~ <br />H<~:AO' <br />. cl~x. <br />• T'Btwl a <br />cc: David Berry, DMG <br />