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<br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br /> <br /> <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br /> <br /> <br /> <br /> NOTICE AND ORDER TO PAY FIXED PENALTY (REVISED) <br /> <br /> NOV/CO NO.: CV-2013-003 <br /> <br />Mine: New Horizon North Mine Date NOV or April 9, 2013 <br />CO Issued: <br />Permit No.: C-2010-089 Type of Mine: Surface/Non-Federal <br /> County: Montrose <br />Operator (If Permittee: Western Fuels-Colorado, <br />Other than LLC <br />Permittee): <br />Mail Address: Mail Address: 12050 N. Pecos St., Suite 100 <br />Westminster, CO 80234 <br /> <br />: <br />TO OPERATOR <br /> <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 $850.00. <br /> <br />You are required to pay such amount to the Division within thirty (30) days after receipt of this notice. <br /> <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 /> <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 /> <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br /> <br />By: Date: July 22, 2013 <br /> <br />(Signature of Authorized Representative) <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br /> <br /> <br /> <br /> <br />C.R.S. 1973, 34-33-123(8)(d)(f) <br /> C-NV-05 <br /> <br />