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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St, Room 215 <br />Denver, CO 80203 <br />November 19, 2018 <br />Laurine Koellner <br />L & L Ready Mix <br />P.O. Box 218 <br />Haxtun, CO 80731 <br />RE: NOTICE OF VIOLATION NO. MV -2018-043, <br />CIVIL PENALTIES, AND CEASE AND DESIST ORDER <br />Sunny Dale Farm Pit (Permit No. M-1998-059) <br />Dear Ms. Koellner: <br />C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-1998-059 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 />September 15 of each year. The annual fee required for your permit is $791.00. As of the date of this <br />letter the 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-1998- <br />059. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br />Violation No. MV -2018-043, Civil Penalties in the amount of $791.00, and an Order to Cease and <br />Desist from all mining related activities associated with Permit No, M-1998-059. <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 January 23-24, 2019, for consideration of permit revocation <br />and finding the financial warranty subject to forfeiture. The Formal Public Hearing on January 23, <br />2019, will occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as <br />soon thereafter as the matter can be considered. At the hearing the Division will reiterate the permit <br />should 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 January 18, 2019, <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this matter will be withdrawn from Board consideration and the scheduled hearing will be vacated.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 />1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F <br />John W. Hickenlooper, Governor Mike King, Executive Director I Virginia Brannon, Director *+t*t <br />