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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />"?•? ' 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />• <br />• <br />NOTICE AND ORDER TO PAY FUCED PENALTY <br />NOV/CO NO.: CV-2008-002 <br />MINE: King Coal Mine DATE ISSUED: July 3, 2008 <br />PERMTTNO.: C-1981-035 <br />OPERATOR/PERNaTTEE: <br />TYPE OF MINE: UndeWund/Federal <br />COUNTY: La Plata <br />GCC Energy, LLC <br />ATTENTION: Trent Peterson <br />ADDRESS: 4424 County Road 120 <br />Hesperus, CO 81326 <br />TO OPERATOR: <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 $500.00. <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 to <br />the Division within 30 days after receipt of this notice and request a public hearing before the Mined Land <br />Reclamation Board. Your request for a public hearing must be in writing and filed with the Division within <br />the above 30-day period. It should briefly set forth the legal and factual basis of your objection to the <br />penalty or the findings of violations. The fact of the violation may not be contested if it has been decided in <br />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 waiver <br />by you of all further right to contest such penalty or such violation. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />(Signature) <br />Date: <br />Name: Tom Kaldenbach <br />Title: Environmental Protection Specialist <br />C.R.S. 1973, 3433-123(8)(d)(fl C-NV-0501981035 TAK_11252008033102.doc