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ICOLORADO <br /> Division of Reclamation, of <br /> Mining and Safety �w <br /> Department of Naturdl Resource; s - <br /> 1313 Sherman St. Room 215 * . <br /> Denver, CO 80203 *,iB�E_* <br /> October 18, 2018 <br /> Rod Clayton <br /> P.O. Box 2 <br /> Hooper,CO 81136 <br /> RE: NOTICE OF VIOLATION NO. MV-2018-040, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Clayton Sand and Gravel(Permit No. M-1999-022) <br /> Dear Mr.Clayton: <br /> C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-1999-022 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 /> 19 of each year.The annual fee required for your permit is$323.00. As of the date of this letter the <br /> Division has not received your submittal of the Annual Report and Annual Map. <br /> Therefore, you are in violation of the above cited statute and the provisions of your Permit No. M- <br /> 1999-022. Pursuant to C.R.S. 34-32.5-124,the Mined Land Reclamation Board hereby assesses Notice <br /> of Violation MV-2018-040,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-1999-022. <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 12-13, 2018 will occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br /> at 9:00 a.m. or as soon thereafter as the matter can be considered. At the hearing the Division will <br /> reiterate the permit should be revoked and the financial warranty should be found subject to <br /> forfeiture. You will 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 Friday, December <br /> 7, 2018, this matter will be withdrawn from Board consideration and the scheduled hearing will be 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 OPERATOR WHO <br /> IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL THE <br /> VIOLATION IS ABATED. <br /> G <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F <br /> John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director *; ,+ <br />