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COLORADO AMATIQN COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />0 V 1 S N O F <br />RECLAMATION <br />MINING 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />SAa"i, <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV NO.: CV- 2012 -006 <br />Mine: New Horizon North Mine Date NOV Issued: October 31, 2012 <br />Permit No.: C- 2010 -089 Type of Mine: Surface/Non- Federal <br />County: Montrose <br />Operator (If <br />Other than Permittee: Western Fuels- Colorado, LLC <br />Permittee): <br />Mail Address: Mail Address: 12050 N. Pecos St., Suite 100 <br />Westminster, CO 80234 <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 $1,250.00. <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 <br />to the Division within 30 days after receipt of this notice and request a public hearing before the Mined <br />Land Reclamation Board. Your request for a public hearing must be in writing and filed with the Division <br />within the above 30 -day period. It should briefly set forth the legal and factual basis of your objection to <br />the penalty or the findings of violations. The fact of the violation may not be contested if it has been <br />decided in 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 <br />waiver by you of all further right to contest such penalty or such violation. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />(Signature of Authorized Representative) <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />Date: January 14, 2013 <br />C.R.S. 1973, 34- 33- 123(8)(d)(fl c -NV -05 <br />