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ENFORCE34828
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ENFORCE34828
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Entry Properties
Last modified
8/24/2016 7:44:36 PM
Creation date
11/21/2007 2:21:52 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981048
IBM Index Class Name
Enforcement
Doc Date
12/28/1983
Doc Name
MEMO PROPOSED CIVIL PENALTY ASSESSMENT FOR NOV 83-31
From
MLRD
To
TBM ENFORCEMENT ACTION FN C-049-81
Violation No.
CV1983031
Media Type
D
Archive
No
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i- <br /> <br />-2- <br />C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to <br />$5,000 for each violation and provides that each day of continuing violation <br />may be deemed a separate violation. <br />Date of Service ~CVr3mR~/L ZL 19~ <br />Person Served <br />MINED LAND RECL.4MATIOtJ DIVISION <br />Please print name and title) (Authorized representative <br />Signature MiU~ALZ 5. S/1/AGC' <br />(Person serves) <br />IhIPORTANT: Please read carefully. <br />(( ,e~C.cA.s~An©iv Sf~c7AUST' <br />CIE~TIFIED MAI1L NOp1P 396p758t411 <br />Return Receipt Requested <br />1. Expiration Date or Notice - Informal Hearing at Site. If this notice <br />requires cessation of mining, expressly or in practical effect (but not <br />otherwise), it will expire automatically 30 days after service upon you, <br />unless, within that time, (a) an informal hearing on the cessation has been <br />held at or near the site, or (b) the operator has waived the holding of such a <br />hearing. The hearing •,aill be presided over by representatives of the Division <br />other than the representative who issued the order. Temporary relief from the <br />order may not be requested at such hearing. Your right to a formal review is <br />not affected by any 'waiver on your part of an informal hearing. <br />2. Formal Revie~.v and Temporary Relief. The operator has the legal right to <br />a review of this notice of violation in a public hearing before the Colorado <br />i•lined Land Reclamation board. You may apply for review by submitting an <br />application for review within 90 days of the issuance of this order. The <br />application for review must be submitted to: Mined Land Reclamation Board, <br />1313 Sherman Street, Room 423, Denver, Colorado 80203. <br />If you request a formal hearing you may request temporary relief from <br />this notice of violation, pending hearing, but the filing of a request for <br />review does not operate as a stay of any order or notice. Procedures in this <br />regard are found in C.R.S. 1973, 34-33-124. <br />3. Penalties. If you faii to correct any of the violations described in <br />this notice within the period permitted for its correctiny, a minimum penalty <br />of $750.OU or more must be assesses for each day during which the violation(s) <br />continues beyond the abatement period set forth in tnis notice. <br />If you willfully and kno~.vinyly fail or refuse to comply with a condition <br />of aper;nit, youwill be subject to criminal prosecution and will, upon <br />conviction, be punished by a fine of not more than $10,000.00 or by <br />imprisonment for not more than one year, or both. <br />
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