ENFORCE34385

• Permit No: C1989074
• IBM Index Class Name: Enforcement
• Doc Date: 10/14/1993
• Doc Name: Deny public hearing request
• From: DMG
• To: LANDMARK RECLAMATION INC
• Violation No.: CV1993085
• Media Type: D
• Archive: No

III IIIIIIIIIIIIIIII
999
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
131 J Sherman St., Room 215
Denver, CO 80203
Phone: [phone]
fAX: [phone]
October 14, 1993
Mr. Mark Kerr
Landmark Reclamation, Inc.
4901 South Windermere Street
Littleton, CO 80120
Re: Rimrock Coal Company, Rimrock Strip Mine, Permit No. C-89-074
Notice and Order to Pay Fixed Penalty for NOVs C-93-053,r'± ~3•Q1~5'
and C-93-100 and Request for Formal Review by the Boar
Dear Mr. Kerr:
OF ~Q(Q
,,e4
w .~
~~
re7s
Roy Romer
Governor
Michael B. Long
Division DII(K I01
On August 31, 1993, the Division issued a Notice and Order to Pay Fixed Penalty for each of
the above-referenced NOVs. These "Notices and Orders" were issued in accordance with Rule
5.04.3(5)(ai. Our records indicate that these Notices were all received on September 3, 1993.
The Division subsequently received payment on October 12, 1993, thirty-nine days from the
date of Rimrock Coal Company's receipt of the 'Notices and Orders."
Rule 5.04.4(1-(b) states, 'Failure of the person to either forward the amount of the fixed
penalty to the Division within 30 days [from the date of receipt of the Notice and Order to Pay
Fixed Penalty) or to request apub/ic hearing sha// resu/t in waiver of a/1 /ega/rights to further
contest either the violation or the amount of the fixed civil penalty.' Pursuant the Rule, your
request for a public hearing before the Board is denied.
Sincerely,

Y Wallace H. Erickson
Environmental Protection Intern
WHE/bjw
cc: Dan Hernandez, DMG
m:\oss\bjw\whe.rcc