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DNR <br />FC4W <br />O }% ' <br />January 10, 2017 <br />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 />Robert Tibbetts <br />The Denver Brick Company <br />401 Prairie Hawk Dr. <br />Castle Rock, CO 80109 <br />RE: Notice of Violation No. MV -2016-064, Civil Penalties and Cease and Desist Order, <br />Notice of Formal Board Hearing, Bijou Clay Mine, Permit #M-1997-007 <br />Dear Mr. Tibbetts: <br />Pursuant to C.R.S. 34-32.5-116(3)(a) and (b), and the conditions of Permit No. M-1997-007, you are required to <br />submit to the Division of Reclamation, Mining and Safety (Division) $791.00 in annual fees and an annual report <br />and map by the anniversary date of the Permit, by February 191 of each year. As of the date of this <br />correspondence, the Division has not received the 2015 annual fee, report, and map due February 19, 20I5. <br />Therefore, you are in violation of C.R.S. 34-32.5-116(3)(a) and (b), and of the conditions of Permit M-1997-007. <br />Pursuant to C.R.S. 34-32.5-124, the Mined Land Reclamation Board (Board) hereby issues Notice of Violation <br />MV -2016-064, an Order to Cease and Desist from all mining related activities associated with Permit No. M- <br />1997-007, and assess Civil Penalties in the amount of $791,00. <br />NOTE: NO PERMITS FOR NEW AHNING OPERATIONS SHALL BE GRANTED TO ANY <br />OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN COLORADO (C.R.S. 34-32.5- <br />120) UNTIL THE VIOLATED IS ABATED. <br />To abate the violation and avoid permit revocation, please submit the following, due by February 9, 2017: <br />• $ 791.00 delinquent annual fee, originally due February 19, 2015 <br />• S 791.00 civil penalty assessed for Violation MV -2016-064 <br />• $1,582.00 Total <br />• Delinquent annual report, originally due February 19, 2015 <br />+ Delinquent annual map with annual report, originally due February 19, 2015 <br />W you fail to abate the violation by February 9, 2017, this matter will be considered by the Board, at a Formal <br />Board Hearing during the February 22-23, 2017 Board meeting, for consideration of permit revocation and <br />finding the financial warranty subject to forfeiture. The fmancial warranty for the Bijou Clay Mine is a Corporate <br />Surety #NGP 183359 in the amount of $196,124.37. <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 I Robert W. Randall, Executive Director i Virginia Brannon, Director <br />