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3-M ' COLORADO <br /> Division of Reclamation, `lt _ <br /> Mining and Safety <br /> 1313 Sherman St. Room 215 r <br /> Denver, CO 80203 ;h7 <br /> December 10,2018 <br /> Steven J. Winer <br /> KW Enterprises LLC <br /> P O Box 2055 <br /> Durango,CO 81303 <br /> RE: NOTICE OF VIOLATION NO.MV-2018-046, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> East Wolf Creek Pit(Permit No.M-2011-038) <br /> Dear Mr. Winer: <br /> C.R.S. 34-32.5-116(3)(a) and(b) and Permit No. M-2011-038 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 /> August 23 of each year.The annual fee required for your permit is$504.00. As of the date of this letter <br /> 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-2011- <br /> 038. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV-2018-046, Civil Penalties in the amount of$504.00, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit No. M-2011-038. <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 <br /> revocation and finding the financial warranty subject to forfeiture. The Formal Public Hearing on <br /> January 23-24,2019 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 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 this matter will be withdrawn from Board consideration and the scheduled hearing will be vacated.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 She~man S;. Room 215 Denver, CC 50203 P (303)866.3567 F <br /> John W. H;cten,00aer, Governor I Nt;Ke King, Executive D`reczur i Virginia Branncn, D;rectJr , <br />