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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 /> May 23, 2017
<br /> Bryan Malouff
<br /> RMS Utilities, Inc.
<br /> 6349 County Rd. 106.65 S
<br /> Alamosa, CO 81101
<br /> RE: Notice of Violation No. MV-2017-012, Civil Penalties and Cease and Desist Order,
<br /> Notice of Formal Board Hearing,Del Norte NKSN Pit,Permit#M-2012-007
<br /> Dear Mr. Malouff,
<br /> Pursuant to C.R.S. 34-32.5-116(3)(a)and(b),the conditions of Permit No. M-2012-007, 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 May 24`h of each year. As of the date of this correspondence,
<br /> the Division has not received the Annual Report and Annual Map due May 24,2015, and the Annual Fee, Annual
<br /> Report, and Annual Map, due May 24, 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-2012-007.
<br /> Pursuant to C.R.S. 34-32.5-124,the Mined Land Reclamation Board(Board)hereby issues Notice of Violation
<br /> MV-2017-012, an Order to Cease and Desist from all mining related activities associated with Permit No.M-
<br /> 2012-007, 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 VIOLATION IS ABATED.
<br /> To abate the violation and avoid permit revocation, please submit the following, due by(30 calendar days):
<br /> • $323.00 Delinquent Annual Fee originally due May 24,2016
<br /> • $323.00 civil penalty assessed for Violation MV-2017-012
<br /> • $636.00 Total
<br /> • Delinquent Report and Map originally due May 24, 2015
<br /> • Delinquent annual Fee($323.00), annual Report and Map, originally due May 24,2016
<br /> If you fail to abate the violation by June 22,2017,this matter will be considered by the Board, at a Formal Board
<br /> Hearing during the June 28-29, 2017 Board meeting, for consideration of permit revocation and finding the
<br /> financial warranty subject to forfeiture. The financial warranty for the Del Norte NKSN Pit is a Corporate Surety
<br /> bond#58719473, in the amount of$15,620.00.
<br /> OF Colov
<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. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director \*\""y�j
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