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WHITE - File YELLOW - Operator PINK - Specialist <br />-2- <br />IMPORTANT. Please read carefully. <br />Expiration Date of Notice - Informal Hearing at Site. If this notice requires cessation of mining, <br />expressly or in practical effect (but not otherwise), it will expire automatically 30 days after <br />service upon you, unless, within that time, (a) an informal hearing on the cessation has been held <br />at or near the site, or (b) the operator has waived the holding of such a hearing. The hearing will <br />be presided over by representatives of the Division other than the representative who issued the <br />order. Temporary relief from the order may not be requested at such hearing. Your right to a <br />formal review is not affected by any waiver on your part of an informal hearing. <br />2. Formal Review and Temporary Relief. The operator has the legal right to a review of this notice <br />of violation in a public hearing before the Colorado Mined Land Reclamation Board. You may <br />apply for review by submitting a request for review within 90 days of the issuance of this order. <br />The request for review must be submitted to: Colorado Mined Land Reclamation Board, 1313 <br />Sherman Street, 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 <br />notice. 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 violation(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 <br />Land Reclamation Board for Coal Mining, within 15 days of service of a notice of violation <br />or cessation order, you may submit written information about the violation to the Division. <br />The Division shall consider any information so submitted in determining the facts <br />surrounding the violation and the amount of civil penalty to be proposed under Section <br />5.04.3(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 willful, your permit my be <br />suspended or revoked. <br />NOV FoRm (3/97) <br />