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t. <br /> August 8,2018 <br /> Mike A. Ferrero <br /> 34320 Hwy 12 <br /> Trinidad,CO 81082 <br /> RE: NOTICE OF VIOLATION NO. MV2018026, <br /> CIVIL PENALTIES, AND CEASE AND DESIST ORDER <br /> Ferrero Pit(Permit No. M-2000-028) <br /> Dear Mr. Ferrero: <br /> C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-2000-028 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 April <br /> 26 of each year. The annual fee required for your permit is S323.00. As of the date of this letter the <br /> Division has not received your submittal. <br /> Therefore,you are in violation of the above cited statute and the provisions of your Permit No. M-2000- <br /> 028. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV2018026, Civil Penalties in the amount of$323.00, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit No. M-2000-028. <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 /> 1018, this matter will be withdrawn from Board consideration and the scheduled hearing will be <br /> vacated. <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 />