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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY ~ <br />Department of Natural Resources <br />7 313 Sherman SC, Room 215 C C• ], Q Rp D ~ <br />Denver, Colorado 80203 - D t v t s[ o N O F <br />Phone: (303) 866-3567 MIN & A I. 5 <br /> <br />FAX: (3037 832-8706 G E O L O G Y <br /> AEC LAMhTION•MINING <br /> SAf ETY•SCIENCE <br />Februaty 23, 2004' <br /> Rill Owens <br /> Governor <br />Mr.. Lee Roy Rothe / <br />/ Russell George <br />Lee Roy and Marlene J Rothe &ecutive Director <br />19727 Factory St. Ronald w. wnany <br />Sterling <br />CO 807$1 Division Director <br />, Natural Resource Trustee <br /> <br />Re: Rothe Sand & Gravel Pit, Permit No. M-1995-017, Annual Fee and Report, Notice of Violation No. <br />MV-2004-012, Civil Penalties, and Cease and Desist Order <br />Dear Mr.. Rothe: <br />C.R.S. 34-32.5-116(3)(a) and (b), 1989 Supp. And Permit No. M-1995-017 require you to submit to the Division of <br />Minerals and Geology $281.00 in annual fees and annual report on or before December 18, 2003 of each yeaz. As <br />ofthe date ofthis letter the Division has not received your annual fees and report for December 18, 2003. Therefore, <br />you are in violation of the above cited statute and the provisions of Pemilt No. M-1995-017. Pursuant to <br />C.R.5. 34-32.5-124 the Mined Land Reclamation Boazd hereby assesses Notice of Violation No. MV-2004-012, Civil <br />Penalties in the amount of $281.00, and Notice and Order to Cease and Desist from ALL mining related activities <br />associated with Permit No. M-1995-017. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR <br />WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32.5-120) UNTIL THE <br />VIOLATION IS ABATED. <br />If you fail to;;gbmit your annual fee, annual report, and the Civil Penalties assessed byMazch 16, 2004, this matter <br />will be heazd at a Forma] Pub]rc Hearing before the Mined Land Reclamation Board for consideration of permit <br />revocation and forfeiture of the following warranty(ies) at the Mazch 30, 2004 (or the following day) Board Meeting: <br />Bond Tvue(sl Bond Number(s) Bond Amount(s) <br />CD 461338001 $5,650.00 <br />If you submit all past due annual fees, reports, and the Civil Penalties by Mazch 16, 2004, this matter will be <br />withdrawn from further Board consideration. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />