2017-01-10_ENFORCEMENT - M1981004 (2)

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C" COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 January 10, 2017 Gwen Dilley Dilleys Sand&Gravel 1941 Edmunds St. P.O. Box 125 Brush, CO 80723 RE: Notice of Violation No.MV-2016-062, Ci-vil Penalties and Cease and Desist Order, Notice of Formal Board Hearing,Ayers Pit,Permit No.M-1981-004 Dear Ms.Dilley: Pursuant to C.R.S. 34-32.5-116(3)(a)and(b), and the conditions of Permit No.M-1981-004, you are required to submit to the Division of Reclamation,Mining and Safety(Division) $323.00 in annual fees and an annual report and map by the anniversary date of the Permit, which is February 17t"of each year. As of the date of this correspondence,the Division has not received the 2016 annual fee,report, and map due February 2, 2016. Therefore,you are in violation of C.R.S. 34-32.5-116(3)(a) and(b), and of the conditions of Permit M-1981-004. Pursuant to C.R.S. 34-32.5-124,the Mined Land Reclamation Board(Board)hereby issues Notice of Violation MV-2016-062, an Order to Cease and Desist from all mining related activities associated with Permit No. M- 1981-004, and assess Civil Penalties in the amount of$323.00. NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN COLORADO(C.R.S.34-32.5- 120)UNTIL THE VIOLATED IS ABATED. To abate the violation and avoid permit revocation,please submit the following, due by February 9,2017: • $323.00 delinquent annual fee, originally due February 2,2016 • $323.00 civil penalty assessed for Violation MV-2016-062 • $646.00 Total • Delinquent annual report, originally due February 2, 2016 • Delinquent annual map with annual report, originally due February 2, 2016 If you fail to abate the violation by March 3, 2017, this matter will be considered by the Mined Land Reclamation Board, at a Formal Public Hearing during the March 22-23, 2017 Board meeting, for consideration of permit revocation and finding the financial warranty subject to forfeiture. The financial warranty for the Ayers Pit is a letter of credit#4100000082, in the amount of$28,120.00. oF'Coto r 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us oN John W. Hickentooper, Governor I Robert W. Randatt, Executive Director I Virginia Brannon, Director *1876