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If the Board finds a violation at this hearing, it may issue a Cease and Desist Order <br />and/or assess a Civil Penalty in the amount of $ 100.00 to $1,000.00 for each day of <br />violation for C.R.S. 34-32.5-116 (4) (i), and/or the amount of $1000.00 to $5,000.00 for <br />each day the land has been affected per C.R.S. 34-32.5-123 (2) for a violation of C.R.S. <br />34-32.5-109 (1). If you have evidence indicating that the possible violations noted <br />above do not exist or have been corrected, please provide it to us as soon as possible or <br />bring it to the hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft <br />of the Board's order before it becomes final. If you wish to do so, you must provide the <br />Board with a written request to review the draft order prior to, or at the time of your <br />hearing, or you must inform the Board orally during the hearing that you request to <br />review the draft order. You must include your mailing address and, if possible, a fax or <br />email address. You will be provided a copy of the draft order by e-mail for your review as <br />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 <br />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. Lillian Allison, <br />iillian.allison@state.co.us, Fax: number 303-866-5671. Please note that the Division of <br />Reclamation, Mining and Safety has requested and will be allowed to review and <br />comment on the draft Board Order prior to mailing to any party. The Board will resolve <br />any issues regarding the form and substance of the order. This process does not affect <br />your right to request reconsideration by the Board or appeal the form or substance of <br />the order. <br />Also enclosed with this letter is a Consent Agenda Summary Form. The purpose of this <br />form it to summarize the possible violation, corrective actions and civil penalties <br />associated with this item. Please review this letter, the attached inspection report and <br />the Consent Agenda Summary Form. If you do not wish to contest the violation, <br />corrective actions or civil penalties and do not wish to attend the Board Hearing and <br />agree with the Division's findings and recommendations, you may sign and notarize the <br />form and return the original signed copy to the Division. By choosing this option, the <br />item will be placed on the consent agenda for the Board's consideration at the <br />November 17 and 18, 2010 Board Meeting and there will not be an Enforcement <br />Hearing as discussed above. Please be aware this item will remain scheduled for an <br />Enforcement Hearing until the Division receives a signed notarized copy of the Consent <br />Agenda Summary Form. <br />Please contact Sitira Pope of the Division at (303) 866-3567 on the Thursday or Friday <br />prior to the Board Hearing to confirm exactly what day your item will appear before the <br />Board, or return the Consent Agenda Summary Form signed and notarized if you choose <br />that option. If you have any questions about this letter, the hearing, or the Consent <br />Agenda Summary Form please contact Jared Ebert at (303) 866-3567 ext. 8120.