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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />December 10, 2015 <br />Scott Brennise <br />4B Land & Livestock LLC <br />5801 Highway 394 <br />Craig, CO 81625 <br />RE: Breeze Basin Sand & Gravel Pit; Permit No. M-2008-022 <br />Reason to Believe a Violation Exists and Notice of Board Hearing <br />Mr. Brennise: <br />On October 5, 2015 the Division of Reclamation, Mining and Safety (Division) mailed notice to 4B Land and <br />Livestock LLC requiring a financial warranty increase in the amount of $7,190.00 for a total bond amount of <br />$55,000.00 to be submitted within sixty (60) days for the above -noted operation. To date, the required additional <br />financial warranty has not been submitted to the Division and we believe this is a violation of: <br />• C.R.S. 34-32.5-117(4)(c)(II) a financial warrantor shall have sixty days after the date of notice of any <br />adjustments to fulfill the new requirements. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br />34-32.5-101 et sem., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the January Board Meeting for consideration of these possible <br />violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 <br />a.m. on January 27-28, 2016 or as soon thereafter as the matter can be considered. At that hearing you will have <br />the opportunity to present your defense. <br />This is an important legal proceeding and you must appear in person for this blearing. If you fail to appear <br />an order and money judgment may be entered against you. In addition, failure to appear at the hearing <br />may result in legal consequences including, but not limited to, loss of party status and your ability to seek <br />reconsideration from the Board or seek judicial appeal in district court. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil Penalty <br />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). If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, please provide it <br />to the Division as soon as possible or bring it to the hearing. <br />All parties have an opportunity to review and comment on a draft of the Board's order before it becomes final. If <br />you wish to do so, you must provide the Board with a written request to review the draft Order prior to or at the <br />time of your hearing, or you must inform the Board orally during the hearing that you request to review the draft <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. Hickenlooper, Governor 1 Mike King, Executive Director 1 Virginia Brannon, Director <br />