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© COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> October 5,2022 <br /> Rick Ensminger <br /> Ensminger Pit <br /> P.O. Box 276 <br /> Haxtun, CO 80731 <br /> RE: NOTICE OF VIOLATION NO.MV 2022-014, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Ensminger Pit(Permit No.M-2002-068) <br /> Dear Mr. Ensminger: <br /> C.R.S. 34-32.5-116(3)(a)and(b) and Permit No.M-2002-068 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 July <br /> 29 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. <br /> M-2002-068. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation MV-2022-014, Civil Penalties in the amount of$323.00, and an Order to Cease <br /> and Desist from all mining related activities associated with Permit No. M-2002-068. <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 the November 16-17, 2022 Board meeting, for <br /> consideration of permit revocation and finding the financial warranty subject to forfeiture. The <br /> hearing will be held at 1313 Sherman Street,Room 318,Denver,Colorado,beginning at 9:00 a.m. on <br /> November 16, 2022 or as 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 November 4,2022 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: dnr drms mIrb-submittals&state.co.us,no later than 5:00 PM,November 4, <br /> 2022. <br /> This Board hearing will be held by a virtual Zoom hearing.In order to receive an authorization <br /> code to attend the hearing,please contact Camille Mojar via telephone at 303-866-3567,ext. <br /> 8136 or via email.Please note that only Parties and those who will be testifying maX <br /> attend the Board hearing by ZOOM.All other interested persons may view the hearing via the <br /> Board's YouTube Channel at: <br /> https:/Iwww.youtube.com/channel/UCDrrAO8blPFlOwce-yH 1fWA. <br /> QF <br /> 41, <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P(303)866-3567 F(303)832-8106 <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director * *' <br /> ' IA76 <br />