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0 0 COLORADO <br /> Division of Reclamation, <br /> DNR Mining and Safety <br /> Department of Natural Resources <br /> October 27, 2025 <br /> Rick Ensminger <br /> P.O. Box 276 <br /> Haxtun, CO 80731 <br /> RE: NOTICE OF VIOLATION NO. MV-2025-015, <br /> CIVIL PENALTIES,AND CEASE AND DESIST ORDER <br /> Ensminger Pit(Permit No. M-2002-068) <br /> Dear Mr. Ensminger: <br /> C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-2002-068 require you to submit to the Division of <br /> Reclamation, Mining and Safety (Division) an annual fee, map and report, due on or before July 29 of each <br /> year. The annual fee required for your permit is $323.00. As of the date of this letter, the Division has not <br /> received your submittal. <br /> Therefore, you are in violation of the above cited statute and the provisions of your Permit No. <br /> M-2002-068. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board or MLRB) <br /> hereby assesses Notice of Violation MV-2025-015, Civil Penalties in the amount of$323.00, and an Order <br /> to Cease and Desist from all mining related activities associated with Permit No. M-2002-068. <br /> Pursuant to C.R.S. 34-32.5-116(3)(b), a Formal Public Hearing will be held during the December 17-18, <br /> 2025 Board Meeting for consideration of this possible violation. The hearing will be held at 1313 Sherman <br /> Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on December 17th or as soon thereafter as the <br /> 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 via email to the MLRB Administrator, Camille Mojar at: <br /> dnr_drms_mlrb-submittals(a state.co.us, no later than 5:00 p.m., December 5, 2025. <br /> If you have good cause not to appear in person you must submit a request to the Board to appear virtually <br /> (via ZOOM). To do so, please submit an email to the MLRB Administrator, no later than 5:00 p.m. on <br /> December 12,2025 for Board consideration. If approved, you will receive an authorization code to attend <br /> the meeting for this matter. Please note that only Parties and those who will be testifying may <br /> participate in the hearing.All other interested persons may observe the hearing via the Board YouTube <br /> Channel: https://www.voutube.com/channel/UCDrrA08bIPFlOwce-yHlfWA. <br /> If the Board finds a violation at this hearing, it may issue a Cease-and-Desist Order and assess a Civil <br /> Penalty in the amount of$100.00 to $1,000.00 for each day of violation pursuant to C.R.S. 34-32. 5-124(7); <br /> suspend, modify, or revoke the permit pursuant to C.R.S. 34-32.5-124(6)(a); and/or find the financial <br /> warranty subject to forfeiture pursuant to C.R.S. 34-32.5-118(1). If you have evidence indicating that the <br /> ��• <br /> tit .crlr `. <br /> Physical Address: 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 <br /> Mailing Address:ORMS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https:/fdrms.colorado.gov <br /> Jared S. Polk,Governor 1 Dan Gibbs,Executive Director I Michael A.Cunningham, Director + i-+h:4._ <br />