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;r <br />ti0 <br />n <br />.. <br />M /BTB ~ <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-2004-005 <br />MINE: McClane Canyon Mine DATE ISSUED: November 19, 2004 <br />PERMITNO.: C-1980-004 <br />OPERATOR/PERMITTEE <br />Central Appalachia Mining, LLC <br />ATTENTION: Walter Whitledge <br />ADDRESS: P.O. Box 98 <br />Loma, CO 81524 <br />TO OPERATOR: <br />TYPE OF MINE: Underground/Federal <br />COUNTY: Garfield <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 $400.00. <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 time will constitute a <br />waiver by you of all further right to contest such penalty or such violation. <br />DIVISION OF <br />By <br />Name: Daniel T. Mathews <br />Title: Environmental Prot <br />C.RS. 1973, 34-33-123(8)(d)(f) <br />Specialist <br />Date: ~ ~ C/ <br />C-NV-OS_C1980004_DTM_20050204_20910 PM <br />