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January 10, 2017 <br />COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Nature: Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Joseph Venuti <br />Ace West Trucking, Inc. <br />18554 No. Red Mountain Drive <br />Santa Clara, UT 84765 <br />RE: Notice of Violation No. MV -2016-065, Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, North. River Gravel Pit Extension, Permit #M-1999-007 <br />Dear Mr. Venuti: <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), and the conditions of Permit No. M-1999-007, you are required to <br />submit to the Division of Reclamation, Mining and Safety (Division) $323.00 in annual fees and an annual report <br />and map by the anniversary date of the Permit, by April 281 of each year. As of the date of this correspondence, <br />the Division has not received the 2014 and 2016 annual fees, 2015 and 2016 annual reports, and 2015 and 2016 <br />annual maps due April 28, 2014, 2015, and 2016. <br />Therefore, you are in violation of C.R.S. 34-32.5-116(3)(a) and (b), and of the conditions of Permit M-1999-007. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2016-065, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />1999-007, and assess Civil Penalties in the amount of $323.00. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br />OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN COLORADO (C.R.S. 34-32.5- <br />120) UNTIL THE VIOLATED IS ABATED. <br />To abate the violation and avoid permit revocation, please submit the following, due by February 9, 2017: <br />+ $646.00 (323.00 x 2) delinquent annual fees, originally due April 28, 2014 and 2016, and <br />• $323.00 civil penalty assessed for Violation MV -2016-065 <br />• $969.00 Total <br />Delinquent annual reports, originally due April 28, 2015 and 2016 <br />• Delinquent annual maps with annual report, originally due April 28, 2015 and 2016 <br />If you fail to abate the violation by February 9, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearing during the February 22-23, 2017 Board meeting, for consideration of permit revocation and <br />finding the financial warranty subject to forfeiture. The financial warranty for the North River Gravel Pit <br />Extension is a certificate of deposit #11023600108460, in the amount of $25,900.00. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickentooper, Governor i Robert W. Randall, Executive Director i Virginia Brannon, Director <br />