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-2- <br />1. Expiration Date of Notice - Informal Hearing at Site If this Order requires cessation of <br />mi ni ng, expressl y or i n practi cal effect (but not otherwi se), i t wi I I expi re automati cal I y 30 days <br />after service upon you, unless, within that time, (a) an informal hearing on the cessation has <br />been held at or near the site, or (b) the operator has waived the holding of such a hearing. <br />The informal hearing will be presided over by representatives of the Division other than the <br />representati ve who i ssued the Order. Temporary rel i of f rom the Order may be requested at <br />such hearing. Your right to a formal review is not affected by any waiver on your part of an <br />i nformal heari ng. <br />2. Formal Review and Temporary Relief. The Operator has the legal right to a review of this <br />Order or Violation in a formal public hearing before the Colorado Mined Land Red amati on <br />Board. You may apply for review by submitting a Request for Review within 90 days of the <br />issuance of this Order. The Request for Review must be submitted to: <br />M i ned L and Reel amati on Board <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />If you request a formal hearing, you may request temporary relief from this Order, pending <br />hearing, but the filing of a request for review does not operate as a stay of any Order or <br />N oti ce. Procedures i n thi s regard are found i n C. R. S. 1973, 3433 -124. <br />3. Mandatory Minimum Penalties C.R.S. 1973, 3433- 123(8)(1) requires that a mandatory <br />minimum penalty of $750.00 or more must be assessed for each day during which the <br />vi of ati on(s) Conti nues beyond the abatement per i od set forth i n thi s Order or i n any N oti ce of <br />Violation. <br />If you willfully and knowingly fail or refuse to comply with this Order, you will be subject to <br />criminal prosecution and will, upon conviction, be punished by a fine of not more than <br />$10, 000.00 or by i mpri sonment for not more than one year, or both. <br />4. Effect on Permit. I n addi ti on, i f i t i s determi ned that a pattern of vi of ati ons exi sts, and that <br />the violations were caused by unwarranted failure to comply, or were willful, your permit may <br />be suspended or revoked. <br />C.R.S. 1973, 3433 - 123(8) provides for imposition of civil penalties of up to $5,000.00 for <br />each vi of ati on I i sted i n the schedul a and provi des that each day of Conti nui ng vi of ati on may be <br />deemed a separate violation. <br />