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~ ~~ , <br />STATE OF COLORADO <br />~(' DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman S[., Room 215 <br />Denver, Colorado 80203 <br />Phone: 13031 866-3567 <br />FAX: (303) 832-8106 <br />`/ ovember 1, 2006 <br />Mr. Ralph Porco <br />Ralph Porco, Randy Porco <br />111 50 FDR 255 <br />La Jaza, CO 81140 <br />Re: Porco Pit, Permit No. M-2004042• Annual Fee and Report, <br />Notice of Violation No. MV-2006-062, CivB Penalties, and Cease and Desist Order <br />Dear Mr. Porco: <br />COLORADO <br />DIVISION O F <br />RECLAMATION <br />MINING <br />-tlt- <br />SAE ETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Canary <br />Division Director <br />Natural Resource Trustee <br />C.R.S. 34-32.5-116(3)(8) and (b), 1989 Supp. And Permit No. M-2004-042 require you to submit to the Division of <br />Reclamation, Mining and Safety (the "Division") $281.00 in annual fees and annual report on or before August 30 <br />of each year. As of the date of this letter the Division has not received your annual report for August 30, 2006. <br />Therefore, you are in violation of the above cited statute and the provisions of Permit No. M-2004-042. Pursuant to <br />C.R.S. 34-32.5-124 the Mined Land Reclamation Board hereby assesses Notice of Violation No. MV-2006-062, 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-2004-042. <br />NOTE: NO PERMITS FOR NEW MIIVING OPERATIONS SHALL BE GRANTED TO ANY OPERATOR <br />WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.RS. 3432.5-120) 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 man. If no new disturbances or reclamation have occurred during <br />the previous vear and no new changes to the erevious year's map are necessary. then no new map is required. provided <br />that the Operator shall state this in the Annual Report. <br />If you faB to submit your annual report, and the Civil Penalties assessed by December 1, 2006, this matter will be <br />heard at a Formal Public Hearing before the Mined Land Reclamation Board For consideration ofpermit revocation <br />and forfeiture of the following warranty at the December ] 3, 2006 (or the following day) Board Meeting: <br />Bond Tvoetsl Boud Number(sl Bond Amount(s) <br />LC 291612 $8,300.00 <br />Ifyou submit all past due annual reports, and the Civil Penalties by December 1, 2006, this matter will be withdrawn <br />from further Board consideration. <br />Office of Office of <br />Mined Land Reclamation ARive and Inactive Mines <br />