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© COLORADO <br /> Division of Reclamation, <br /> a 0 Mining and Safety <br /> Department of Natural Resources <br /> November 1,2023 <br /> Leroy Garcia <br /> R E Monks Construction Co. <br /> P.O. Box 25579 <br /> Colorado Springs, CO 80936 <br /> RE: NOTICE OF VIOLATION NO.(MV 2023-015), <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Mitchell Mine No 1 (Permit No.M-1986-025) <br /> Dear Mr. Garcia: <br /> C.R.S. 34-32.5-116(3)(a)and(b)and Permit No. M-1986-025 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-1986-025. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses <br /> Notice of Violation (MV-2023-015), 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-1986-025. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing will be held during the November <br /> 15-16, 2023 Board Meeting for consideration of this possible violation. The hearing will be held at <br /> 1313 Sherman Street,Room 318,Denver, Colorado,beginning at 9:00 a.m. on December 13,2023,or <br /> 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 December 8, 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@state.co.us, no later than 5:00 PM, December 8, <br /> 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 5:00 <br /> PM on December 7, 2023 for Board consideration. If approved you will receive an authorization code <br /> to attend the meeting for this matter. Please note that only Parties and those who will be testifying <br /> may participate in the hearing.All other interested persons may observe the hearing via the Board <br /> YouTube Channel: <br /> oF-cot <br /> Physicat Address: 1313 Sherman Street,Room 215, Denver,CO 80203 P 303.866.3567 F 303.832.8106 I <br /> leaning Address:DRMS Room 215, 1001 E 62nd Ave, Denver,CO$0216 httas:/ldrms.00kw&W.eov " « <br /> Jared S. Potis,k v�r j Dan Gibbs,Executive Director I Virginia Brannon, Director «. 1876 • y <br />