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<br /> <br />1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F <br />Jared S. Polis, Governor | Dan Gibbs, Executive Director | Virginia Brannon, Director <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br /> <br /> <br /> <br />February 12, 2019 <br /> <br />Scott R. Brennise <br />4B Land & Livestock LLC <br />5801 Highway 394 <br />Craig, CO 81625 <br /> <br />RE: NOTICE OF VIOLATION NO. MV-2019-003, CIVIL PENALTIES, CEASE AND <br />DESIST ORDER, AND NOTICE OF BOARD HEARING, <br />Breeze Basin Sand & Gravel Pit (Permit No. M-2008-022) <br /> <br />Dear Mr. Brennise: <br /> <br />C.R.S. 34-32.5-116(3)(a) and (b) and Permit No. M-2008-022 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 <br />December 4 of each year. The annual fee required for your permit is $791.00. As of the date of this <br />letter the Division has not received your submittal. <br /> <br />Therefore, you are in violation of the above cited statute and the provisions of your Permit No. M-2008- <br />022. Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board hereby assesses Notice of <br />Violation MV-2019-003, Civil Penalties in the amount of $791.00, and an Order to Cease and Desist <br />from all mining related activities associated with Permit No. M-2008-022. <br /> <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), C.R.S. 34-32.5-118(1)(b), and C.R.S. 34-32.5-124(6)(a) <br />a Formal Public Hearing before the Mined Land Reclamation Board (the “Board”) has been scheduled <br />for March 27-28, 2019, for consideration of permit revocation and finding the financial warranty subject <br />to forfeiture. The Formal Public Hearing on March 27-28, 2019 will occur in Room 318 of <br />1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can <br />be considered. At the hearing the Division will reiterate the permit should be revoked and the financial <br />warranty should be found subject to forfeiture. You will have the opportunity to be represented and <br />heard. <br /> <br />If you submit all past due annual fees, reports, and maps, and the Civil Penalties by March 22, 2019, <br />this matter will be withdrawn from Board consideration and the scheduled hearing will be vacated. <br /> <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 />