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oF'?O<o <br />* \; COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV/CO NO.: CV-2008-004 <br />MINE: Colowyo Coal Mine DATE ISSUED: August 26, 2008 <br />PERMIT NO.: C-1981-019 <br />TYPE OF MINE: Surface/Federal <br />OPERATOR/PERMITTEE: <br />Colowyo Coal Company L.P. <br />ATTENTION: Tay Tonozzi <br />ADDRESS: 5731 State Highway 13 <br />Meeker, CO 81641 <br />TO OPERATOR: <br />COUNTY: Moffat <br />Please take notice that the Division of Reclamation, Mining and Safety ("the Division") of the Colorado <br />Department of Natural Resources, pursuant to the provisions of C.R.S. 34-33-123, has entered an order <br />-fixing the amount of civil penalty against you at $2,000.00. <br />You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. <br />If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of penalty <br />to the Division within 30 days after receipt of this notice and request a public hearing before the Mined <br />Land Reclamation Board. Your request for a public hearing must be in writing and filed with the <br />Division within the above 30-day period. It should briefly set forth the legal and factual basis of your <br />objection to the penalty or the findings of violations. The fact of the violation may not be contested if it <br />has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). <br />Failure to pay such penalty amount and to request hearing within such period of time will constitute a <br />waiver by you of all further right to contest such penalty or such violation. <br />DIVISION OF RECLAMATION, MR41NG AND SAFETY <br />By <br />(Signa <br />Date: I S l t&V7 ?C aV Ds <br />Name: James R. Stark <br />Title: Environmental Protection Specialist <br />C.R.S. 1973, 34-33-123(8)(d)(fl <br />C-NV-05 C1981019 JRS 12152008022256.doe