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2022-07-27_ENFORCEMENT - M2018029
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2022-07-27_ENFORCEMENT - M2018029
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Entry Properties
Last modified
8/2/2022 10:02:18 AM
Creation date
7/27/2022 8:30:56 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2018029
IBM Index Class Name
Enforcement
Doc Date
7/27/2022
Doc Name
Notice of Violation, Civil Penalties, and Cease and Desist Order
From
DRMS
To
Bernard Montoya - White Wolf Construction & Landscaping, LLC
Violation No.
MV2022011
Email Name
GRM
JLE
PSH
CMM
Media Type
D
Archive
No
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© COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> July 27,2022 <br /> Bernard Montoya <br /> White Wolf Construction& Landscaping, LLC <br /> 24541 Highway 12 <br /> Trinidad,CO 81082 <br /> RE: NOTICE OF VIOLATION NO.MV 2022-011 <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> White Wolf Construction Borrow Pit(Permit No.M-2018-029) <br /> Dear Mr. Montoya: <br /> C.R.S. 34-32.5-116(3)(a)and(b)and Permit No. M-2018-029 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 /> May 24 of each year. The annual fee required for your permit is $200.00. 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. <br /> M-2018-029. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation MV 2022-011, Civil Penalties in the amount of$200.00, and an Order to Cease <br /> and Desist from all mining related activities associated with Permit No. M-2018-029. <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 September 21-22,2022, for consideration of permit <br /> revocation and finding the financial warranty subject to forfeiture. The hearing will be held at 1313 <br /> Sherman Street,Room 318, Denver,Colorado,beginning at 9:00 a.m. on September 21,2022 or as <br /> soon thereafter as the matter can be considered. <br /> In order to be considered at the hearing, all exhibits,materials and witness testimony you wish for the <br /> Board to consider must be submitted by 5:00 PM on September 9,2022 via email to the MLRB <br /> Administrator. You must also provide a list of all witnesses, if any,to the MLRB Administrator, <br /> Camille M. Mojar at: Camille.mojar@state.co.us,no later than 5:00 PM, September 9,2022. <br /> This Board hearing will be held by a virtual Zoom hearing. In order to receive an authorization code <br /> to attend the hearing,please contact Camille Mojar via telephone at 303-866-3567, ext. 8136 or at <br /> the email address above. Please note that only Parties and those who will be testifying may <br /> attend the Board hearing by ZOOM.All other interested persons may view the hearing via the <br /> Board's YouTube Channel at https://www.youtube.coin/channel/UCDrrAO8blPFlOwce-yH1fWA. <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303)866-3567 F(303)832 8106 (�� o <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> \' ,, <br />
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