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Q� <br />�' N317 <br />ugust 15, 2017 <br />eOLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Depayn-.e 7t of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Marlene Crosby <br />v Gunnison County <br />195 Basin Park Dr. <br />Gunnison, CO 81230 <br />v <br />RE: Notice of Violation No. MV -2017-040, Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, Nicholas Pit, M-1991-04 <br />Dear Ms. Crosby: <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), the conditions of Permit No. M-1991-104, 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, which is September 171' of each year. As of the date of this <br />correspondence, the Division has not received the Annual Fee, Report and Map due September l7, 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-1991-104. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2017-040, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />1991-104, and assess Civil Penalties in the amount of 5323.00. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL 13E 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 September 1=1, 2017: <br />• $323.00 Delinquent Annual Fee originally due September 17, 2016 <br />• $323.00 civil penalty assessed for Violation MV -2017-040 <br />• S636.00 Total <br />• Delinquent Report and Map originally due September 17, 2016 <br />If you fail to abate the violation by September 14, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearin; during the September 27-28, 2017 Board meeting, for consideration of permit revocation. <br />The Formal Board Hearing will occur at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 <br />a.m. on September 27, 2017 or as soon thereafter as the matter can be considered. At that Hearing, you will have <br />the opportunity to present your defense. <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 <br />