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a '4'N <br />~~ <br />t <br />X816 ~ <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-2003-010 <br />MIlVE: New Elk Mine <br />PERMITNO.: C-1981-012 <br />OPERATOR/PERMITTEE: <br />Picketwire Processing, LLC <br />ATTENTION: Bruce Addington <br />ADDRESS: 4422 Bryan Station Road <br />Lexington, KY 40516 <br />TO OPERATOR: <br />DATE ISSUED: September 29, 2003 <br />TYPE OF MINE: Underground/Non-Federal <br />COUNTY: Las Animas <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 $750.00. <br />You are 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 />DNISION OF MINERALS AND GEOLOGY <br />By Date: ~ ~ '~~~ <br />(Si e) <br />Name: Kent A. Gorham <br />Title: Environmental Protection Specialist <br />C.R.S. 1973, 34-33-123(8){d)(0 c-NV-0sn_c~~a~mz_xnc zoonozo3_9a4uau.aa <br />