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Mine are fact intensive, involve detailed scientific analyses, affect essential legal rights, and are of critical <br />importance to Cotter. Where, as here, the Board has scheduled a formal hearing on such matters, basic <br />fairness requires that the Board comply with the procedures established by Colorado statute and give Cotter <br />the notice to which it is lawfully entitled. Due process rights secured by the Colorado and United States <br />Constitutions also require that the Board provide timely, lawful notice of hearings affecting important legal <br />rights. <br />For all the above reasons, Cotter respectfully requests that the Board re-schedule the "formal public hearing" <br />on Cotter's petition for reconsideration in accordance with the Colorado APA and Colorado and United <br />States Constitutions. Setting the hearing for the Board's monthly meeting in mid-October is acceptable to <br />Cotter. I would greatly appreciate your prompt response to this request. <br />Sincerely, <br />Robert Tuchman <br />Confidentiality Notice - This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may <br />contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for <br />delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any <br />disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is Strictly <br />Prohibited. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and <br />delete the original transmission and its attachments without reading or saving in any manner. Thank you. <br />Federal Tax Advice Disclaimer - We are required by U. S. Treasury Regulations to inform you that, to the extent this message <br />includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the <br />purpose of avoiding federal tax penalties. <br />From: Jillian Allison [mailto:Jillian.Allison@state.co.us] <br />Sent: Monday, September 13, 2010 11:03 AM <br />To: Cheryl Linden <br />Cc: Charlotte Neitzel; Robert Tuchman; david.berry@state.co.us; david.bird@state.co.us; loretta.pineda@state.co.us; <br />Peter Hack; sitira.pope@state.co.us; tony.waldron@state.co.us <br />Subject: Re: Division's Response to Cotter's Petition for Reconsideration re Schwartzwalder Mine <br />Everyone: Sitira has forwarded the Division's response to Cotter's Petition to the Board. <br />This item is on the Board's September 15th meeting agenda. It was placed on the agenda shortly after <br />receiving Cotter's Petition submitted on August 31, 2010. <br />Thank you; <br />Jillian Allison <br />Assistant Attorney General <br />Business & Licensing Section <br />Office of the Attorney General <br />303-866-4395 <br />FAX 303-866-5671 <br />This message may contain confidential and/or legally privileged information and is intended only for the <br />named recipients. Any name or signature block is not a legally binding electronic signature. If you are not <br />an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the <br />sender immediately if you have received this e-mail by mistake and delete this e-mail from your system.