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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sharman Street, Room 215 <br />Denver, CO 80203 <br />March 24, 2017 <br />Daniel J. Gaudreault <br />Daniel J. Gaudreault and Barbara J. Gaudreault <br />P.O. Box 69 <br />Elizabeth, CO 80107 <br />RE: Notice of Violation No. MV -2017-0061 Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, Big "G" Gravel Pit, Permit W-2006-091 <br />Dear Mr. and Mrs. Gaudreault: <br />Pursuant to C.R.S. 34-32.5-116(3xa) and (b), the conditions of Permit No. M-2006-081, you are required to <br />submit to the Division of Reclamation, Mining and Safety (Division) 5791.00 in annual fees and an annual report <br />and map by the anniversary date of the Permit, which is April 241 of each year. As of the date of this <br />conwpondence, the Division has not received the annual report due on April 24, 2016. <br />Therefore, you are in violation of CXS. 3432.5-116(3xa) and (b), and of the conditions of Permit M-2006-081. <br />Pursuant to C.R.S. 3432.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2017-006, an Order to Cease and Desist from all mining related activities associated with Permit No. <br />M-2006-081, and assesses a Civil Penalty in the amount of $791.00 <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. 3432.5- <br />120) UNTIL THE VIOLATION IS ABATED. <br />To abate the violation and avoid permit revocation, please submit the following, due by April 24, 2017: <br />• Delinquent annual report, originally due April 24, 2016 <br />•75.91.00 civil penalty assessed for Violation MV -2017-006 <br />• S791.00 Total Payment <br />If you fail to abate the violation by (30 days), this matter will be considered by the Board, at a Formal Board <br />Hearing during the (MLRB date) Board meeting, for consideration of permit revocation and finding the financial <br />warranty subject to forfeiture. The financial warranty for the Big "G" Gravel Pit is a Letter of Credit 9254, in the <br />amount of $43,303.00. <br />The Formal Board Hearing will occur at 13 l3 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 <br />a.m. on March 22, 2017, or as soon thereafter as the matter can be considered. At that Hearing, you will have the <br />opportunity to present your defense. <br />I �e <br />1313 Sherman Street, Room 215, Denver, CG 80203 P 303.866.3567 F 303.a3L8106 http://mintng.state.co.us • �h. • <br />John W. Hidtentooper, Governor I Robert W. RandaU. Exmdve Director I Virginia Brannon, Director * •rare ; <br />