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-2- <br />IMPORTANT. • Please read carefully. <br />1. Expiration Date of Notice - Informal Hearing at Site. If this notice requires cessation of <br />mining, expressly or in practical effect (but not otherwise), it will expire automatically 30 <br />days after service upon you, unless, within that time, (a) an informal hearing on the <br />cessation has been held at or near the site, or (b) the operator has waived the holding of <br />such a hearing. The hearing will be presided over by representatives of the Division other <br />than the representative who issued the order. Temporary relief from the order may not be <br />requested at such hearing. Your right to a formal review is not affected by any waiver on <br />your part of an informal hearing. <br />2. Formal Review and Temporary Relief. The operator has the legal right to a review of this <br />notice of violation in a public hearing before the Colorado Mined Land Reclamation <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: Colorado Mined Land <br />Reclamation Board, 1313 Sherman Street, Room 215, Denver, Colorado 80203. <br />If you request a formal hearing, you may request temporary relief from this notice of <br />violation, pending hearing, but the filing of a request for review does not operate as a stay <br />of any order or 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 <br />period permitted for its correcting, a minimum penalty of $750.00 or more must be <br />assessed for each day during which the violation(s) continues beyond the abatement period <br />set forth in this notice. <br />If you willfully and knowingly fail or refuse to comply with a condition of a permit, you <br />will be subject to criminal prosecution and will, upon conviction, be punished by a fine of <br />not more than $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 <br />Mined Land Reclamation Board for Coal Mining, within 15 days of service of a notice <br />of violation or cessation order, you may submit written information about the <br />violation to the Division. The Division shall consider any information so submitted in <br />determining the facts surrounding the violation and the amount of civil penalty to be <br />proposed under Section 5.04.3(2). <br />4. Effect on Permit. In addition, if it is determined that a pattern of violations exists and that <br />the violations were caused by unwarranted failure to comply, or were willful, your permit <br />may be suspended or revoked. <br />NOV FoRm (3/97) <br />