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• • iiiiiiiiiiiiiiuiii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: 1.303) 866-3567 <br />FAX: U03) 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 />~~ptl~+~and Request for Formal Review by the Board <br />Dear Mr. Kerr: <br />OF ~~ <br />,~F_ 4 <br />Q <br />Me~~ <br />• (~ <br />" r8T6 <br />Roy Romer <br />Governor <br />Michael B. Lang <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(51(al. 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(1116) states, "Failure 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 a pu6/ic hearing shall result in waiver ofall /ega/rights to further <br />contest either the violation or the amount of the fixed civil penalty. " Pursuant the Rule, your <br />request for a public hearing before the Board is denied. <br />Sincerely, <br />r. Ja.~a-~P ~ v~-l ""` <br />Y Wallace H. Erickson <br />Environmental Protection Intern <br />WHE/bjw <br />cc: Dan Hernandez, DMG <br />m:losslbjwlwhe.rcc <br />