Laserfiche WebLink
-2- <br />I. Expiration Date of Notice -Informal Hearing at Site. If this Order requires cessation of <br />mining, expressly or in practical effect (but not otherwise), it will expire automatically 30 days <br />after service upon you, 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 hearing. The <br />informal hearing will be presided over by representatives of the Division other than the represen- <br />tative who issued the Order. Temporary relief from the Order may be requested at such hearing. <br />Your right to a formal review is not affected by any waiver on your part of an informal hearing. <br />2. Formal Review and Temporary Relief. The Operator has the legal right to a review of this <br />Order or Violation in a formal public hearing before the Colorado Mined Land Reclamation <br />Board. You may apply for review by submitting a Request for Review within 90 days of the <br />issuance of this Order. The Request for Review must be submitted to: <br />Mined Land Reclamation Board <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />If you request a formal hearing, you may request temporary relief from this Order, pending <br />hearing, but the filing of a request for review does not operate as a stay of any Order or Notice. <br />Procedures in this regard are found in C.R.S. 1973, 34-33-124. <br />3. Mandatory Minimum Penalties. C.R.S. 1973, 34-33-123(8)(1) requires that a mandatory <br />minimum penalty of $750.00 or more must be assessed for each day during which the <br />violation(s) continues beyond the abatement period set forth in this Order or in any Notice of <br />Violation. <br />If you willfully and knowingly fail or refuse to comply with this Order, you will be subject to <br />criminal prosecution and will, upon conviction, be punished by a fine of not more than <br />$10,000.00 or by imprisonment for not more than one year, or both. <br />4. Effect on Permit. In addition, if it is determined that a pattern of violations exists, and that the <br />violations were caused by unwarranted failure to comply, or were willful, your permit may be <br />suspended or revoked. <br />C.R.S. 1973, 34-33-123(8) provides for imposition of civil penalties of up to $5,000.00 for each <br />violation listed in the schedule and provides that each day of continuing violation may be deemed <br />a separate violation. <br />