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JUL-30-1006 08:45AM FROM-DIV RECLAMATION MINING & SAFETY +3038328106 T-162 P-003/005 F-962 <br />-2- <br />0 IMPORTANT: Please read carefully. <br />1. E ig Date Notice - Inf at Site. If this notice requires cessation of mining, <br />service <br />expressly or in practical effect (but not otherwise it will expire automaucally 30 days aft a <br />upon you, unless, within that time, (a) an informal hearing on the cessation has been held at or near the <br />site, or (b) the operator has waived the bolding of such a hearing. The hearing will be presided over by <br />representatives of the Division other than the representative who issued the order. Temporary relief <br />from the order may not be requested at such hearing- Your right to a formal review is not affected by <br />any waiver on your port of an infortaal hearing. <br />2. Formal Review and Tem Relief. The operator has the legal right to a review of this notice of <br />violation in a public hearing before the Colorado Mined Land Reclamation Board- You may apply for <br />review by submitting a request for review within 90 days of the issuance of this order. The request for <br />review must be submitted to: Colorado Mined Land Reclamation Board, 1313 Sheri an Street, Room <br />215, Denver, Colorado 80203. <br />if you request a formal hearing, you may request temporary relief firm this notice of violation, 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, 3433-124. <br />3. P ties. If you fail to correct any of the violations described in this notice within the period <br />permitted for its correcting, a minimum penalty of $750.00 or more must be assessed for each day <br />during which the violation(s) continues beyond the abatement period set forth in this notice. <br />If you willfully and krwwiugly fail or refuse to comply with a condition of a permit, you will be subject <br />to criminal prosecution and will, upon conviction. be punished by a fine of not more than $10,000.00 <br />or by imprisonment for not more than one year, or both. <br />In accordance with Section 5.043(1) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, within 15 days of service of a notice of violation or <br />cessation order, you may submit written information about the violation to the Division. The <br />Division shalt consider any information so submitted in determining the facts surrounding the <br />violation and the amount of civil penalty to be proposed under Section 5.043(2). <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 wilW. your permit my be <br />suspended or revoked <br />NOV FORM (3197) <br />0