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2019-08-16_ENFORCEMENT - M1978208
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2019-08-16_ENFORCEMENT - M1978208
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Last modified
12/10/2024 8:59:13 AM
Creation date
8/16/2019 3:00:54 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978208
IBM Index Class Name
ENFORCEMENT
Doc Date
8/16/2019
Doc Name
Notice of Violation, Civil Penalties, and Cease and Desist Order
From
DRMS
To
Elk Creek S&G
Email Name
ECS
MAC
Media Type
D
Archive
No
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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> August 16,2019 <br /> Juliet A. Moores <br /> Elk Creek Sand&Gravel, LLC <br /> P.O. Box 416 <br /> Conifer, CO 80433 <br /> RE: NOTICE OF VIOLATION NO. MV-2019-022 <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-I 16(3)(a)and(b)and Permit No. M-1978-208 require you to submit to the Division of Reclamation, <br /> Mining and Safety(the"Division")an annual fee,map and report,due on or before June 16 of each year.The annual <br /> fee required for your permit is $323.00. As of the date of this 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-1978-208. <br /> Pursuant to C.R.S. 34-32.5-124,the Mined Land Reclamation Board hereby assesses Notice of Violation MV-2019- <br /> 022, Civil Penalties in the amount of S323.00, and an Order to Cease and Desist from all mining related activities <br /> associated with Permit No. M-1978-208. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing before the Mined Land Reclamation Board (the <br /> "Board") has been scheduled for September 25, 2019 for consideration of permit revocation and finding the <br /> financial warranty subject to forfeiture.The Formal Public Hearing on September 25,2019 will occur in Room 318 <br /> of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be <br /> considered. At the hearing the Division will reiterate the permit should be revoked and the financial warranty <br /> should be found subject to 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 September 13, 2019,this matter <br /> 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 OPERATOR <br /> WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL <br /> THE VIOLATION IS ABATED. <br /> If the matter is brought before the Mined Land Reclamation Board, following the hearing, all parties have an <br /> opportunity to review and comment on a draft of the Board's order before it becomes final. If you wish to do so, <br /> you must provide the Board with a written request to review the draft Order prior to or at the time of your hearing, <br /> or you must inform the Board orally during the hearing that you request to review the draft Order. You must include <br /> your mailing address and, if possible, an email address. You will be provided a copy of the draft Order for your <br /> review as soon as it is available. The Board must receive your comments on the draft Order within ten(10) calendar <br />
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