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COLORADO <br /> Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman St. Room 215 <br /> Denver, CO 80203 <br /> June 4, 2020 <br /> Baxter Kirkland <br /> Kirkland Construction,R.L.L.P. <br /> P.O. Box 580 <br /> Rye,CO 81069 <br /> RE: NOTICE OF VIOLATION NO. MV-2020-014, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Flying Horse Pit(Permit No.M-2013-012) <br /> Dear Mr. Kirkland: <br /> C.R.S. 34-32.5-116(3)(a)and(b)and Permit No. M-2013-012 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 April <br /> 3 of each year. The annual fee required for your permit is $504.00. 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.M-2013- <br /> 012. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br /> Violation MV-2020-014, Civil Penalties in the amount of$504.00, and an Order to Cease and Desist <br /> from all mining related activities associated with Permit No. M-2013-012. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing before the Mined Land Reclamation <br /> Board (the "Board") has been scheduled for July 22, 2020, for consideration of permit revocation and <br /> finding the financial warranty subject to forfeiture. The Formal Public Hearing on July 22, 2020 will <br /> occur in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon <br /> thereafter as the matter can be considered. At the hearing the Division will reiterate the permit should <br /> be revoked and the financial warranty should be found subject to forfeiture. You will have the <br /> opportunity to be represented and heard. <br /> If you submit all past due annual fees, reports, and maps, and the Civil Penalties by July 17, 2020,this <br /> matter will be withdrawn from Board consideration and the scheduled hearing will be vacated. <br /> NOTE: NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br /> OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE(C.R.S. <br /> 34-32.5-120)UNTIL THE VIOLATION IS ABATED. <br /> If the matter is brought before the Mined Land Reclamation Board, following the hearing, all parties <br /> have an opportunity to review and comment on a draft of the Board's order before it becomes final. If <br /> oF•Cot <br /> � 901 <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303)866 3567 F(303) 832-8106 oJ <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director **/ <br /> I Q 7 r / <br />