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COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> October 30, 2023 <br /> Rod Clayton <br /> P.O. Box 2 <br /> Hooper, Colorado 81136 <br /> RE: NOTICE OF VIOLATION NO. (MV 2023-018), <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Clayton Sand and Gravel 110c (Permit No. M-1999-022) <br /> Dear Mr. Clayton: <br /> C.R.S. 34-32.5-116(3)(a) and(b) and Permit No. M-1999-022 require you to submit to the <br /> Division of Reclamation, Mining and Safety (the"Division") an annual fee, map and report, due <br /> on or before July 19 of each year. The annual fee required for your permit is $323.00. However, <br /> as of the date of this letter, the Division has not received the required annual report and map, and <br /> fee, which were due on July 19, 2023. <br /> Therefore,you are in violation of the above cited statute and the provisions of your Permit No. <br /> M-1999-022. Pursuant to C.R.S. 34-32.5-124, the Division hereby assesses Notice of Violation <br /> No. MV 2023-018, 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-2010-080. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing before the Mined Land <br /> Reclamation Board(the "Board") has been scheduled for the December 13-14, 2023 meeting, <br /> for consideration of permit revocation and finding the financial warranty subject to forfeiture. <br /> The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at <br /> 9:00 a.m. on December 13`'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 <br /> for the Board to consider must be submitted by 5:00 PM on December 1, 2023 via email to the <br /> MLRB Administrator. You must also provide a list of all witnesses, if any, to the MLRB <br /> Administrator, Camille M. Mojar at: dnr_dens_mlrb-submittals Cstate.co.us, no later than 5:00 <br /> PM, December 1, 2023. <br /> If you have good cause not to appear in person you must submit a request to the Board to appear <br /> virtually (via ZOOM). To do so, please submit an email to the Board Administrator, no later than <br /> OF'C01 <br /> C4' O'P <br /> Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 h� '` - o <br /> Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 httos://drms,cotorado.eov <br /> Jared S. Polis,Governor I Dan Gibbs, Executive Director I Michael A. Cunningham,Acting Director <br /> i'l87� <br />