2012-02-17_ENFORCEMENT - C1981012

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COLORADO RECLAMATION MINING - &- SAFETY COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 MINE: New Elk Mine DATE ISSUED: December 16, 2011 PERMIT NO.: C- 1981 -012 TYPE OF MINE: Underground/Non - Federal OPERATOR/PERMITTEE: COUNTY: Las Animas New Elk Coal Company, LLC ATTENTION: Ron Thompson ADDRESS: 122 West First Street TO OPERATOR: NOTICE AND ORDER TO PAY FIXED PENALTY NOV /CO NO.: CV- 2011 -007 DIVISION OF RECLAMATION, MINING AND SAFETY By Name: Daniel I. Hernandez Title: Senior Environmental Protection Specialist C.R.S. 1973, 34- 33- 123(8)(d)(f) Date: Trinidad, CO 81082 Please take notice that the Division of Reclamation, Mining and Safety ( "the Division ") of the Colorado Department of Natural Resources, pursuant to the provisions of C.R.S. 34 -33 -123, has entered an order fixing the amount of civil penalty against you at $1,300.00. You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. If you wish to contest the amount of penalty or the fact of violation, you must pay the amount of penalty to the Division within 30 days after receipt of this notice and request a public hearing before the Mined Land Reclamation Board. Your request for a public hearing must be in writing and filed with the Division within the above 30 -day period. It should briefly set forth the legal and factual basis of your objection to the penalty or the findings of violations. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under 5.03.5(4)(a) or (4)(b). Failure to pay such penalty amount and to request hearing within such period of time will constitute a waiver by you of all further right to contest such penalty or such violation. 7177/2._._- C- NV -05A