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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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i <br />IMPORTANT. Please read carefully. <br />Expiration Date of Notice - Informal Hearing at Sitc- If this notice requires cessation of mining. <br />expressly or in practical; effect (but not otherwise), it will expire automatically 30 days after service <br />upon you, unless, within that time, (a) an informal hearing on the cessation has been held at or near <br />the site, or (b) the operator has waived the holding of such a hearing. The hearing will be presided <br />over by representatives of the Division other than the representative who issued the order. Temporary <br />relief from the order may not be requested at such hearing. Your right to a formal review is not <br />affected by any waiver on your part of an informal hearing <br />2. Fo al Review and Temvorarv 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 <br />for review by submitting a request for review within 90 days of the issuance of this order. The request <br />for review must be submitted to: Colorado Mined Land Reclamation Board, 1313 Sherman Street, <br />Room 215, Denver, Colorado 80203. <br />If you request a formal hearing, you may request temporary relief from this notice of violation, <br />pending 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, 34-33-124. <br />3, Penalties. 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 violati I on(s) continues beyond the abatement period set forth in this notice- <br />If you willfully and knowingly fail or refuse to comply with a condition of a permit, you will be <br />subject to criminal prosecution and will, upon conviction, be punished by a fine of not more than <br />$10,000.00 or by imprisonment for not more than one year, or both. <br />In accordance with Section 5.04.3(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 niay submit written information about the violation to the Division. The <br />Division shall 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 />i <br />i <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 willful, your permit my be <br />suspended or revoked. <br />NOV FARM (N97)
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