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October 11,2018 <br /> Juliet A. Moores <br /> Elk Creek Sand&Gravel, LLC <br /> P.O. Box 416 <br /> Conifer,CO 80433 <br /> RE: NOTICE OF VIOLATION MV-2018-039 <br /> CIVIL PENALTIES, AND CEASE AND DESIST ORDER <br /> Shaffers Crossing(Permit No, M-1978-208) <br /> Ms. Moores: <br /> C.R.S. 34-32.5-116(3)(a) and(b) and Permit M-1978-208 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 /> June 16 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. Please note that the annual fee submittal for this site <br /> also requires that the Operator create a separate geotechnical section in each annual reclamation <br /> report describingrock discontinuities such as joints exposed by.blastin and quarrying during the <br /> report vear. <br /> Therefore, you are in violation of the above cited statute and the provisions of your Permit M-1978- <br /> 208. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV-2018-039, Civil Penalties in the amount of S323, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit M-1978-208. <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 November 14, 2018, for consideration of permit <br /> revocation and finding the financial warranty subject to forfeiture. The Formal Public Hearing 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$323 Civil Penalty by Friday <br /> November 9, 2108,this matter will be withdrawn from Board consideration and the scheduled <br /> hearing will be vacated. <br />