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RTB Letter 2 21 March 2010 <br />Schwartzwalder Mine File No. M-1977-300 <br />Therefore, we have reason to believe that a violation exists to DBMS File Number M-1977-300 and to the Law, <br />and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />An Enforcement Hearing will be held during the July 14`h and 15r, 2010 Board Meeting for consideration of a <br />possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br />at 9:00 a.m. on July 14th or as soon thcreafter as the matter can be considered. At that hearing you will have the <br />opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in <br />violation of the provisions noted above. <br />If you wish to waive your right to a 30 day notice of the hearing in order to appear before the MLRB at the June <br />9a' or 10`h, 2010 Board Meeting, please submit this request in writing at your earliest convenience but no later than <br />10 days before the meeting, <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. If you have evidence indicating that the possible <br />violations noted above do not exist or have been corrected, please provide it to us as soon as possible or bring it to <br />the hearing. <br />Following the hearing, all parties will have an opportunity to review and comment on a draft of the Board's order <br />before it becomes final. If you wish to do so, you must provide the Board with a written request to review the <br />draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing that you <br />request to review the draft order. You must include your mailing address and, if possible, a fax or email address. <br />You will be provided a copy of the draft order by e-mail for your review as soon as it is available, unless a hard <br />copy by mail is requested. The Board's attorney must receive your comments on the draft order within three <br />calendar days of the date the draft order is e-mailed, unless that deadline is extended by the Board's attorney. <br />Submit all comments in writing, by e-mail or fax, to Ms. Jillian Allison, jWian.al1ison0.st&t& co.us_ Fax: number <br />303-866-5671. Please note that the Division of Reclamation, Mining and Safety has requested and will be <br />allowed to review and comment on the draft Board Order prior to mailing to any party. The Board will <br />resolve any issues regarding the form and substance of the order. This process does not affect your right to <br />request reconsideration by the Board or appeal the fnnn 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 Board <br />Hearing to confirm exactly what day your item will appear before the Board. If you have any questions about this <br />letter or the hearing, please contact David Bird at (303) 866-3567 x8108. <br />Sincerely, <br />Loretta Pineda <br />Division Director <br />CERTIFIED MAIL NO.; 7003 1680 0000 6427 9797 <br />Return Receipt Requested <br />cc: Tony Waldron, David Bird, David. Berry-DRMS <br />Cheryl Linden, AGO