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~,~ . . <br />.~1. <br />gar <br />COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br />NOTICE AND ORDER TO PAY FIXED PENALTY <br />NOV/CO NO.: CV-2006-005 <br />MINE: King Coal Mine DATE ISSUED: September 5, 2006 <br />PERMITNO.: C-1981-035 <br />OPERATOR/PERMITTEE: <br />National King Coal, LLC <br />ATTENTION: Trent Peterson <br />ADDRESS: 4424 County Road 120 <br />Hesperus, CO 81326 <br />TO OPERATOR: <br />TYPE OF MINE: Underground/Federal <br />COUNTY: La Plata <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 $500.00. <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 Boazd. Your request for a public hearing must be in writing and filed with the <br />Division within the above 30-day period. It should briefly set forth the legal and factual basis of your <br />objection to the penalty or the findings of violations. The fact of the violation may not be contested if it <br />has been 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 further right to contest such penalty or such violation. <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />(Signature) <br />Name: Tom Kaldenbach <br />Title: Envirorunental Protection Specialist <br />Date: ~ Z/ ~/~ ~ <br />C.R.S. 1973, 34-33-123(8)(d)(t) GNV-05_CI981635_TAK_1208200602I829 <br />