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COLORADO
<br /> Division of Reclamation,
<br /> Mining and Safety
<br /> Department of Natural Resources
<br /> 1313 Sherman Street, Room 215
<br /> Denver, CO 80203
<br /> ✓June 27, 2016
<br /> Ralph Martinez
<br /> ✓ Southway Construction Company, Inc.
<br /> 117 White Pine Drive
<br /> Alamosa, CO 81101
<br /> RE: Notice of Violation No. MV-2016-045, Civil Penalties and Cease and Desist Order,
<br /> Notice of Formal Board Hearing, Swede Corners Pit, Permit No. M-1988-0�7
<br /> Dear Mr. Sutherland: ,/
<br /> Pursuant to C.R.S. 34-32.5-116(3)(a), and the conditions of Permit No. M-1988-087, you are
<br /> required to submit to the Division of Reclamation, Mining and Safety (Division) $323 in annual fees
<br /> and an annual report and map by the anniversary date of the Permit, by January 13' of each year.
<br /> As of the date of this correspondence, the Division has not received adequate annual maps for two
<br /> consecutive years, due on January 13, 2015, and January 13, 2016.
<br /> Therefore, you are in violation of C.R.S. 34-32.5-116(3)(a), and of the conditions of Permit No. M-
<br /> 1988-087. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby
<br /> issues Notice of Violation No. MV-2016-045, an Order to Cease and Desist from all mining related
<br /> activities associated with Permit No. M-1988-087, and assesses Civil Penalties in the amount of
<br /> $323.
<br /> NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR
<br /> WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN COLORADO (C.R.S. 34-32.5-120) UNTIL THE
<br /> VIOLATION IS ABATED.
<br /> To abate the violation and avoid permit revocation please submit the following, due July 26, 2016:
<br /> • $323 civil penalty assessed for Violation MV-2016-045
<br /> • Delinquent annual maps, originally due January 13, 2015, and January 13, 2016
<br /> If you fail to abate the violation by July 26, 2016, this matter will be considered by the Board, at a
<br /> Formal Board Hearing during the July 27-28, 2016 Board meeting, for consideration of permit
<br /> revocation and finding the financial warranty subject to forfeiture. The financial warranty for the
<br /> Swede Corners Pit is a corporate surety bond # 103502455, in the amount of$11,270.
<br /> The Formal Board Hearing will occur at 1313 Sherman Street, Room 318, Denver, Colorado,
<br /> beginning at 9:00 a.m. on July 27, 2016, or as soon thereafter as the matter can be considered. At
<br /> that hearing you will have opportunity to present your defense.
<br /> of•COl0
<br /> O
<br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us *'t
<br /> John W. Hickenlooper, Governor I Robert Randall, Executive Director I Virginia Brannon, Director .187
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