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August 8,2018 <br /> Anthony R. Miller <br /> Elk Valley Land and Trading Co., Ltd. <br /> 8905-153rd St. <br /> Wolfforth,TX 79382 <br /> RE: NOTICE OF VIOLATION NO. MV2018027, <br /> CIVIL PENALTIES, AND CEASE AND DESIST ORDER <br /> Smith Gravel Pit(Permit No. M-1982-124) <br /> Mr. Miller: <br /> C.R.S. 34-32.5-1 16(3)(a) and(b) and Permit No. M-1982-124 require you to submit to the Division of <br /> Reclamation, Mining and Safety (the "Division") an annual fee, map and report, due on or before <br /> August 18 of each year. The annual fee required for your permit is S323.00. As of the date of this letter <br /> the Division has not received your submittal for 2017. <br /> Therefore,you are in violation of the above cited statute and the provisions of your Permit No. M-1982- <br /> 124. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV2018027, Civil Penalties in the amount of S323.00, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit No, M-1982-124. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing before the Mined Land Reclamation <br /> Board (the "Board") has been scheduled for September 26-27, 2018 for consideration of permit <br /> revocation and finding the financial warranty subject to forfeiture. The Formal Public Hearing on will <br /> occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br /> thereafter as the matter can be considered. At the hearing the Division will reiterate the permit should <br /> be revoked and the financial warranty should be found subject to forfeiture. You will have the <br /> opportunity to be represented and heard. <br /> If you submit all past due annual fees, reports, and maps, and the Civil Penalties by September 10, <br /> 2018, this matter will be withdrawn from Board consideration and the scheduled hearing will be <br /> vacated. Please also be aware that the annual fee, map and report for 2018 are also due by August 18, <br /> 2018. <br /> NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br /> OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE(C.R.S. <br /> 34-32.5-120) UNTIL THE VIOLATION IS ABATED. <br />