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oF'?oto <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />* 1876 * 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY <br />REQUEST FOR CONFERENCE <br />NOV/CO NO.: CV-2010-001 <br />MINE: West Elk Mine <br />PERMIT NO.: C-1980-007 <br />OPF_.R ATOR/PFRIVTITTFF.: <br />Mountain Coal Company, LLC <br />ATTENTION <br />ADDRESS: <br />TO OPERATOR: <br />Eugene DiClaudio <br />P.O. Box 591 <br />Somerset, CO 81434 <br />DATE ISSUED: May 14, 2010 <br />TYPE OF MINE: Underground/Federal <br />COUNTY: Gunnison <br />You are hereby notified, pursuant to C.R.S. 34-33-123(8)(b), that the Division of Reclamation, Mining <br />and Safety ("the Division") of the Department of Natural Resources, State of Colorado, proposes to assess <br />a civil penalty against you in the amount of $100.00. <br />If you wish to request a conference at which the proposed penalty may be reviewed, you may do so by <br />indicating on, and returning to the Division, the attached page of this notice. Your request should be <br />completed in the space provided and returned to the Division within ten days after your receipt of this <br />notice. <br />If you fail to request such conference within ten days after service of this notice, the Division will fix the <br />penalty at $100.00, based upon the factors referred to in C.R.S. 34-33-123(8)(a). <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />By ?- <br />(Signature) <br />Name: Sandra L. Brown <br />Title: Assessment Officer <br />Date (0 h // / 6 <br />C-NV-01