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• Y <br /> October 17, 2018 <br /> Scott Pelino <br /> Pelino, Inc. <br /> 26000 Highway 285 <br /> Buena Vista,CO 81211 <br /> RE: NOTICE OF VIOLATION NO. MV-2018-037, <br /> CIVIL. PENALTIES, AND CEASE AND DESIST ORDER <br /> Jesse I.ee(Permit No.M-1984-043) <br /> Dear Mr. Pelino: <br /> C.R.S. 34-32.5-1 16(3)(a) and (b) and Permit No. M-1984-043 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 July <br /> 25 of each year. The annual fee required for your permit is S791.00. 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-1984- <br /> 043. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV-2018-037, Civil Penalties in the amount of S791.00, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit No. M-1984-043. <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 December 12 - 13, 2018, for consideration of permit <br /> revocation and finding the financial warranty subject to forfeiture. The Formal Public Hearing on <br /> December 12, 2018 will occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at <br /> 9:00 a.m.or as soon thereafter as the matter can be considered. At the hearing the Division will reiterate <br /> the permit should be revoked and the financial warranty should be found subject to forfeiture. You will <br /> have the opportunity to be represented and heard. <br /> If you submit all past due annual fees, reports, and maps, and the Civil Penalties by December 7, 2018, <br /> this matter will be withdrawn from Board consideration and the scheduled hearing will be vacated.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 />