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M <br /> ' COLORADO <br /> Division of Reclamation, <br /> ® Mhung and Safety <br /> Depamnent of Natural Resources <br /> 1313 Sherman St. Room 215 <br /> Denver,CO 80203 <br /> June 30,2020 <br /> Keith Nienhueser <br /> Nienhueser Construction&Excavating Co <br /> 1243 RD 113 <br /> P.O. Box 173 <br /> Sidney,NE 69162 <br /> RE: NOTICE OF VIOLATION NO.MV-2020-016, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Schumacher 11(Permit No.M-2001-018) <br /> Dear Mr.Nienhueser: <br /> C.R.S. 34-32.5-116(3)(a)and(b)and Permit No. M-2001-018 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 April <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. <br /> Therefore,you are in violation of the above cited statute and the provisions of your Permit No.M-2001- <br /> 018. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV-2020-016, 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-2001-018. <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 August 19, 2020, for consideration of permit revocation <br /> and finding the financial warranty subject to forfeiture.The Formal Public Hearing on August 19,2020 <br /> will occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br /> thereafter as the matter can be considered. At the hearing the Division will reiterate the permit should <br /> 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 August 14, 2020, <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 this matter will be withdrawn from Board consideration and the scheduled hearing will be vacated.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 /> OF=CO[. <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303)866.3567 F(303)832-8106 Y <br /> Jared Polis,Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />