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III IIIIIIIIIIIII III <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />17 U Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: (a03)832-8106 <br />October 14, 1993 <br />Mr. Mark Kerr <br />Landmark Reclamation, Inc. <br />4901 South Windermere Street <br />Littleton, CO 80120 <br />Re: Rimrock Coal Company, Rimrock Strip Mine, Permit No. C-89-074 <br />Notice and Order to Pay Fixed Penalty for NOVs C-93-053, C-93-085 <br />and C-93-100 and Request for Formal Review by the Baard <br />Dear Mr. Kerr: <br />ov cow <br />R~ R <br />New O <br />~ r816 " <br />Ray Romer <br />Governor <br />Michael B. long <br />Division Director <br />On August 31, 1993, the Division issued a Notice and Order to Pay Fixed Penalty for each of <br />the above-referenced NOVs. These "Notices and Orders" were issued in accordance with Rule <br />5.04.3(5)(a). Our records indicate that these Notices were all received on September 3, 1993. <br />The Division subsequently received payment on October 12, 1993, thirty-nine days from the <br />date of Rimrock Coal Company's receipt of the "Notices and Orders." <br />Rule 5.04.4(1)(b) states, "Fai/ure of the person to either forward the amount of the fixed <br />penalty to the Division within 30 days [from the date of receipt of the Notice and Order to Pay <br />Fixed Penalty] or to request apub/ic hearing sha// resu/t in waiver of a// /ega/ rights to further <br />contest either the vio/ation or the amount of the fixed civil Pena/ty. " Pursuant the Rule, your <br />request for a public hearing before the Board is denied. <br />Sincerely, <br /> <br />Wallace H. Erickson <br />Environmental Protection Intern <br />WHE/bjw <br />cc: Dan Hernandez, DMG <br />m:\oss\bjw\whe.rcc <br />