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COLORADO <br /> A cv� vind Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> November 21,2022 <br /> Paul Martinez <br /> Martinez Wester Constructors, Inc. <br /> 2600 Partridge Ct <br /> Grand Junction,CO 81506 <br /> RE: NOTICE OF VIOLATION NO.MV 2022-020, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Ducray Pit#2 (Permit No.M-2019-035) <br /> Dear Mr. Stewart: <br /> C.R.S. 34-32.5-116(3)(a) and(b)and Permit No. M-2019-035 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 /> September 11 of each year. The annual fee required for your permit is $323.00. As of the date of this <br /> 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. <br /> M-2019-035. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation MV 2022-020, Civil Penalties in the amount of$323, and an Order to Cease and <br /> Desist from all mining related activities associated with Permit No. M-2019-035. <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 25-26,2023, 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 January 25, 2023 or as soon <br /> 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 January 13,2023 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 mlrb-submittals(d�state.co.us,no later than 5:00 PM,January 13, <br /> 2023 <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 <br /> Camille.Mojarnstate.co.us. Please note that only Parties and those who will be testifying may attend <br /> the Board hearing by ZOOM. All other interested persons may view the hearing via the Board's <br /> YouTube Channel at h=s://www.youtube.com/channel/IJCDrrAO8blPFlOwce-yHlfWA. <br /> of Colo <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P(303)866-3567 F(303)832-8106 y `I o <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />