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COLORADO <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />RE CI MW ON <br />MINING ,— 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />SMEEY <br />NOTICE AND ORDER TO PAY FIXED PENALTY REVISED ��O <br />r' � � <br />NOV /CO NO.: CV- 2013 -003 �G p61p13 <br />P ec�a�at�or, <br />• Mine: New Horizon North Mine Date NOV or April 9, 2013 �� of R safe`! <br />� z�n9 <br />,�,-, T <br />�1- - - -- �- lira <br />.v 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 />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 $850.00. <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 fin-ther right to contest such penalty or such violation. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />-By: „. <br />- (Signature of Authorized Representative) <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />C.R.S. 1973, 34- 33- 123(8)(d)(t) <br />Date: July 22, 2013 <br />gf3of zi-13 <br />73D.2o,3 <br />N Wd jnt3 cAD0ia 405 C -NV -05 <br />