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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (3037 832-8106 <br />+~ August 11, 2006 <br />corm , c~~ ~ cet~lb, rn~ ~~ <br />COLORApO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />&- <br />SAFETY <br />Mr. Nick H. Gray <br />Nick H. Gray <br />584 65.30 Rd. <br />Montrose, CO 81401 <br />Re: Gray Pit #1, Permit No. M-2003-092, Annual Fee and Report, <br />Notice of Violation No. Civil Penalties, and Cease and Desist Order <br />Dear Mr. Gray: <br />Bill (livens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />C.R.S. 34-32.5-116(3)(a) and (b),1989 Supp. And Permit No. M-2003-092 require you to submit to the Division of <br />Reclamation, Mining and Safety (the "Division") $688.00 in annual fees and annual report on or before June 29`" of <br />each yeaz. As of the date of this letter the Division has not received your annual fees and report for June 29, 2006. <br />Therefore, you aze in violation of the above cited statute and the provisions of Permit No. M-2003-092. Pursuant to <br />C.R.S. 34-32.5-124 the Mined Land Reclaration Boazd hereby assesses Notice of Violation No. Civil <br />Penalties in the amount of $688.00, and Notice and Order to Cease and Desist from ALL mining related activities <br />associated with Permit No. M-2003-092. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR <br />WHO IS CURRENTLY FOUND TO BE 1N VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL THE <br />VIOLATION IS ABATED. The Annual Report and Fee requirement is not met until we have received the <br />following components: fee, report, and associated map. if no new disturbances or reclamation have occurred during <br />the revious~ear and no new changes to the previous veaz's man are necessary, then no new ri]aD is required, provided <br />that the Operator shall state this in the Annual Report. <br />If you fall to submit your annual fee, annual report, and the Civil Penalties assessed by September 11, 2006, this <br />matter will be heazd at a Formal Public Hearing before the Mined Land Reclamation Board for consideration of <br />permit revocation and forfeiture of the following warranties at the October 1 S, 2006 (or the following day) Board <br />Meeting: <br />Bond Tvpe(s1 <br />CD <br />CD <br />Bond Number(s) <br /> <br /> <br />Boud Amount(sl <br />$28,125.00 <br />$24,528.00 <br />If you submit all past due annual fees, reports, and the Civil Penalties by September 11, 2006, this matter will be <br />withdrawn from further Board consideration. <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />