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COLORADO <br />Division of Reclamation, <br />Av- Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 21, 2017 <br />Jacque Goemmer <br />L. Otto Goemmer <br />P.O. Box 165 <br />La Veta, CO 81055 <br />RE: Notice of Violation No. MV -2017-032, Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, Rocky Flat Gravel, Permit ##M-1982-129 <br />Dear Ms. Goemmer: <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), the conditions of Permit No. M-1982-129, you are required to <br />submit to the Division of Reclamation, Mining and Safety (Division) $323.00 in annual fees and an annual report <br />and map by the anniversary date of the Permit, by August 5" of each year. As of the date of this correspondence, <br />the Division has not received the Annual Reports and Annual Maps due August 5, 2015 and 2016. <br />Therefore, you are in violation of C.R.S. 34-32.5-116(3)(a) and (b), and of the conditions of Permit M-1982-129. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2017-032, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />1982-129, and assess Civil Penalties in the amount of $323.00. <br />NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br />OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN COLORADO (C.R.S. 34-32.5- <br />120) UNTIL THE VIOLATION IS ABATED. <br />To abate the violation and avoid permit revocation, please submit the following, due by (30 calendar days): <br />• $323.00 civil penalty assessed for Violation MV -2017-032 <br />* Delinquent Annual Reports and Maps originally due August 5, 2015 and 2016 <br />If you fail to abate the violation by August 21, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearing during the August 23-24, 2017 Board meeting, for consideration of permit revocation and finding <br />the financial warranty subject to forfeiture. The financial warranties for the Rocky Flat Gravel are Certificate of <br />Deposits bond #29286 in the amount of $5,000.00 and bond #29823, in the amount of $6,050.00. <br />The Formal Board Hearing will occur at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 <br />a.m. on August 23, 2017 or as soon thereafter as the matter can be considered. At that Hearing, you will have the <br />opportunity to present your defense. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickentooper, Governor I Robert W. Randatt, Executive Director i Virginia Brannon, Director <br />or, c0z0P <br />tn o <br />k 1� <br />V fair. <br />