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<br />with specificity all reasonable steps you took in your <br />corporate capacity to bring about abatement. Such <br />documentation should be submitted to the Office of Surface <br />Mining Reclamation and Enforcement, Western Support Center, <br />1999 Broadway, Suite 3320, Denver, CO 80202-5733, <br />(303) 672-5500 within 45 days after the issuance of the <br />cessation order. <br />Unless OSM is made aware that you personally attempted to <br />resolve the violation(s), it may conclude that you failed to <br />act out of "plain indifference" to the legal requirements of <br />the cessation order. OSM would then consider that factor in <br />determining, whether your failure or refusal to abate the. <br />violation(s) is willful and knowing, and hence subjects you to <br />assessment of an Individual Civil Penalty. <br />Assessment of an Individual Civil Penalty does not affect <br />OSM's authority to assess civil penalties or take other <br />enforcement actions against the corporate permittee or other <br />directors, officers, or agents as well. <br />This notice does not constitute an assessment, but rather <br />advises you that you are potentially liable for an Individual <br />Civil Penalty. Because a Notice of Potential Liability for an <br />Individual Civil Penalty Assessment is neither a notice of <br />violation nor a cessation order under section 521 of SMCRA, <br />nor a modification, vacation, or termination of such notice or <br />order, no administrative review by the Office of Hearings and <br />Appeals is provided for under the provisions of 43 CFR 4.1160: <br />However, in the event that a Notice of Proposed Assessment for <br />an Individual Civil Penalty is issued, you may then appeal <br />under the provisions of 30 CFR 846.17, 30 .CFR 846.18, and <br />43 CFR 4.1200 et sea. <br />If you have any questions concerning this matter, you may <br />contact: <br />OSM ID <br />ve Telephone No. <br />