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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 />November 9, 2017 <br />John Ary <br />Hard Rock Paving and Redi-Mix, Inc. <br />839 Mackenzie Ave <br />Canon City, CO 81215 <br />RE: Notice of Violation No. W-2017-051 Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, Leone Gardner, Permit No. M-1985-008 <br />Dear Mr. Ary, <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), the conditions of Permit No. M-1985-008, 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 March 22nd of each year. As of the date of this <br />correspondence, the Division has not received the Annual Fee, Annual Report and Annual Map due March 23, <br />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-1985-008. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2017-051, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />1985-008, 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 March 22, 2016 <br />• $323.00 civil penalty assessed for Violation MV -2017-051 <br />• $646.00 Total <br />If you fail to abate the violation by December 8, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearing during the December 13-14, 2017 Board meeting, for consideration of permit revocation and <br />finding the financial warranty subject to forfeiture. The financial warranty for the Leone Gardner is Corporate <br />Surety 4104162333, in the amount of $49,660.00. <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. Randati, Executive Director I Virginia Brannon, Director <br />