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RTB Letter 2 16 September 2010 <br />Schwartzwalder Mine File No. M-1977-300 <br />If you wish to waive your right to a 30 day notice of the hearing in order to appear before the MLRB at <br />the 13-14 October 2010 Board Meeting, please submit this request in writing at your earliest <br />convenience but no later than 10 days before the October meeting. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a Civil <br />Penalty in the amount of $ 100 to $1,000 for each day of violation. Additionally, in accordance with <br />Rule 3.3.2(3), the Board may assess against Cotter any expenses incurred by the Board or Office in <br />carrying out corrective actions. If you have evidence indicating that the possible violations noted above <br />do not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />Following the hearing, all parties will have an opportunity to review and comment on a draft of the <br />Board's order before it becomes final. If you wish to do so, you must provide the Board with a written <br />request to review the draft order prior to or at the time of your hearing, or you must inform the Board <br />orally during the hearing that you request to review the draft order. You must include your mailing <br />address and, if possible, a fax or email address. You will be provided a copy of the draft order by e-mail <br />for your review as soon as it is available, unless a hard copy by mail is requested. The Board's attorney <br />must receive your comments on the draft order within three calendar days of the date the draft order is e- <br />mailed, unless that deadline is extended by the Board's attorney. Submit all comments in writing, by e- <br />mail or fax, to Ms. Jillian Allison, jillian.allison@state.co.us, Fax: number 303-866-5671. Please note <br />that the Division of Reclamation, Mining and Safety has requested and will be allowed to review <br />and comment on the draft Board Order prior to mailing to any party. The Board will resolve any <br />issues regarding the form and substance of the order. This process does not affect your right to request <br />reconsideration by the Board or appeal the form or substance of the order. <br />Please contact Sitira Pope of the Division at (303) 866-3567 x8136 on the Friday or Monday prior to the <br />Board Hearing to confirm exactly what day your item will appear before the Board. If you have any <br />questions about this letter or the hearing, please contact David Bird at (303) 866-3567 x8108. <br />Sincerely, <br />Loretta Pifieda <br />Division Director <br /> <br />CERTIFIED MAIL NO.: 7008 3230 0002 7253 3061 <br />Return Receipt Requested <br />cc: John Hamrick - Cotter Corporation <br />Tony Waldron- DRMS <br />David Bird- DRMS <br />David Berry-DRMS <br />Cheryl Linden, AGO <br />ATTACHMENT: Finding of Fact, Conclusion of Law, and Order - 11 August 2010