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\ • • III III III III IIII III <br />989 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1317 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAx: (3031832-8106 <br />August 9, 1993 <br />Mr. Chris Reed <br />Twin Pines Investment. Ltd. <br />1805 County Road 86 <br />Rockvale, CO 81244 <br />os cow <br />,~e= <br />„e <br />~ r8 ]6 ~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Division Drteclor <br />RE: Proposed Civil Penalty Assessment for NOV C-93-081 (C-83-058) <br />Dear Mr. Reed: <br />Enclosed is a proposed civil penalty assessment for the above <br />referenced Notice of Violation. Rule 5.04.3(2) of the CMLRB <br />Regulations for Coal Mining indicates that the Division is to <br />assess proposed penalties for NOV's within thirty days of issuance. <br />Due to an administrative oversight, the proposed penalty assessment <br />for this NOV was not issued within those time frames. You should <br />be aware that Rule 5.04.3(2)(c) states that failure by the Division <br />to issue the proposed penalty within thirty days is not grounds for <br />dismissal of the assessment unless the operator proves prejudice as <br />a result of the delay. If you feel you have been prejudiced by <br />this delay, you should present information supporting your claim at <br />an informal assessment conference with the bivision. <br />If you desire, an informal assessment conference may be requested <br />by returning the signed lower half of the proposed penalty form. <br />I apologize for any inconvenience the delay in issuance of this <br />notice may have caused. <br />Sincerely, <br />,~~6~~ <br />Larry P. Routten <br />Senior Reclamation Specialist <br />enclosure <br />c: ~hawn Smith <br />Dan Hernandez <br />