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AVW COLORADO <br />AMVDivision of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 21, 2017 <br />Steven J. Winer <br />KW Enterprises LLC <br />91 S. Sky Lane Circle <br />P.O. Box 2055 <br />Durango, CO 81303 <br />RE: Notice of Violation No. MV -2017-029, Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, East Wolf Creek Pit, Permit #M-2011-038 <br />Dear Mr. Winer: <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), the conditions of Permit No. M-2011-038, you are required to <br />submit to the Division of Reclamation, Mining and Safety (Division) $504.00 in annual fees and an annual report <br />and map by the anniversary date of the Permit, by August 23' of each year. As of the date of this <br />correspondence, the Division has not received the Annual Report and Annual Map due August 23, 2015, and the <br />Annual Report, and Annual Map, due August 23, 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-2011-038. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2017-029, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />2011-038, and assess Civil Penalties in the amount of $504.00. <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 />$504.00 civil penalty assessed for Violation MV -2017-029. <br />Delinquent Reports and Maps originally due August 23, 2015 and 2016. <br />If you fail to abate the violation by August 21, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearing during the August 23-24, 2017 Board meeting, for consideration of permit revocation and finding <br />the financial warranty subject to forfeiture. The financial warranty for the East Wolf Creek Pit is a Letter of <br />Credit bond #725, in the amount of $4,509.00 <br />OF c0to <br />A.' <br />9 <br />OJ <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us � ry <br />John W. Hickenlooper, Governor I Robert W. Randati, Executive Director : Virginia Brannon, Director #•f 1976 } <br />