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F <br />Civil Penalty Proposal <br />Fruita Mine (C-81-015> <br />Cessation Order Number C-93-158 <br />January 4, 1994 <br />Assessment Officer - David Berry <br />On December 15, 1993, the above-referenced "failure to abate" Cessation <br />Order was issued to American Shield Coal Company. The Order was received by <br />the operator on December 27, 1993, and as of January 12, 1994, no response <br />has been received from the operator. The proposed assessment is made for <br />the full 30 days, with the belief that the violation will not be abated <br />prior to the expiration of the 30 day period. If abatement occurs prior to <br />the 30 day period, then the penalty proposal must be reconsidered. <br />This situation involves extreme circumstances beyond the control of American <br />Shield. Various appeal procedures and rights exist. <br />9614E/scm <br />