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III IIIIIIIIIIIIIIII <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department n( Natural Resources <br />1313 Sherman 51 ,Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX (3071832-8106 <br />STATE OF COLORADO <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />CESSATION ORDER NO.: Not applicable NOTICE OF VIOLATION NO.: C-95-001 <br />DATE ISSUED: January 13, 1995 <br />PERMIT NO.: C-81-041 <br />TYPE OF MINE: UG/Federal <br />OPERATOR (IF OTHER THAN PERMITTEE) <br />MAIL ADDRESS: Same <br />MINE: Roadside Portals <br />COUNTY: Mesa <br />PERMITTEE: Powderhorn Coal Co. <br />MAIL ADDRESS: P.O. Box 1430 <br />Palisade, CO 81526 <br />TO OPERATOR: <br />~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />ROy Romer <br />Governor <br />lames 5. Lochhead <br />Executive Direcbr <br />Michael B. Long <br />Division Director <br />PLEASE TAKE NOTICE that the Division of Minerals and Geology ("the Division") <br />of the Colorado Department of Natural Resources, pursuant to the provisions of <br />C.R.S. 34-33-123, has entered an order fixing the amount of civil penalty <br />against you at $1,100.00. <br />You are required to pay such amount to the Division within thirty (30) days <br />after service of this notice upon you. <br />If you wish to contest the amount of penalty or the fact of violation, you <br />must pay the amount of penalty to the Division within 30 days after receipt of <br />this notice and request a public hearing before the Mined Land Reclamation <br />Board. Your request for a public hearing must be in writing and filed with <br />the Division within the above 30-day period. It should briefly set forth the <br />legal and factual basis of your objection to the penalty or the findings of <br />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 <br />of time will constitute a waiver by you of all further right to contest such <br />penalty or such violation. <br />DIVISION ~MI.NERALS AND GEOLOGY <br />B y o ,L~ ~~~ <br />(Signature) <br />Date of Issue 19 9S <br />~ncu C;vo',L7~n <br />Erica Crosby <br />Environmental Protection Specialist <br />