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, August 15, 2017
<br />COLORADO
<br />Division of Reclamation,
<br />Mining and Safety
<br />Depanw.ent of Na'ura. Reso-.,>ces
<br />1313 Sherman Street, Room 215
<br />Denver, CO 80203
<br />James S. Miner
<br />p4uilder's Aggregate, Inc.
<br />510 Dahlia St.
<br />Fort Morgan, CO 80701
<br />1/ P--*"
<br />RE: Notice of Violation No. MV -2017-038, Civil Penalties and Cease and Desist Order,
<br />Notice of Formal Board Hearing, Builders Agar Pit, M-1981
<br />Dear Mr. Miner:
<br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), the conditions of Permit No. M-1981-112, you are required to
<br />submit to the Division of Reclamation, Mining and Safety (Division) $791.00 in annual fees and an annual report
<br />and map by the anniversary date of the Permit, which is September 1" of each year. As of the date of this
<br />correspondence, the Division has not received the Annual Map, due September 1, 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-1981-112.
<br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation
<br />MV -2017-038, an Order to Cease and Desist from all mining related activities associated with Permit No. M-
<br />1981-112, and assess Civil Penalties 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. 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 14, 2017:
<br />• $791.00 civil penalty assessed for Violation MV -2017-038
<br />• Delinquent Annual Map originally due September 1, 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 Hearing during the September 27-28, 2017 Board meeting, for consideration of permit revocation and
<br />finding the financial warranty subject to forfeiture. The financial warranty for the Builders Aggr Pit is a Letter of
<br />Credit, #12, in the amount of $11,750.00.
<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. 4
<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. Hickentooper, Governor i Robert W. Randati, Executive Director i Virginia Brannon, Director
<br />' 1876j/
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