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written request to review the draft order prior to, or at the time of your hearing, or you must <br />inform the Board orally during the hearing that you request to review the draft order. You must <br />include your mailing address and, if possible, a fax or email address. You will be provided a copy <br />of the draft order by e-mail for your review as soon as it is available, unless a hard copy by mail is <br />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 <br />Board's attorney. Submit all comments in writing, by e-mail or fax, to Mr. John Roberts, <br />ii.roberts@state.co.us, Fax: number 303-866-5395. Please note that the Division of Reclamation, <br />Mining and Safety has requested and will be allowed to review and comment on the draft Board <br />Order prior to mailing to any party. The Board will resolve any issues regarding the form and <br />substance of the order. This process does not affect your right to request reconsideration by the <br />Board or appeal the form or substance of the order. <br />Also enclosed with this letter is a Consent Agenda Summary Form. The purpose of this form it <br />to summarize the possible violation, corrective actions and civil penalties associated with this <br />item. Please review this letter, the attached inspection report and the Consent Agenda <br />Summary Form. If you do not wish to contest the violation, cease and desist order, corrective <br />actions or civil penalties and do not wish to attend the Board Hearing and agree with the <br />Division's findings and recommendations, you may sign and notarize the form and return the <br />original signed copy to the Division. By choosing this option, the item will be placed on the <br />consent agenda for the Board's consideration at the February 9 and 10, 2011 Board Meeting and <br />there will not be an Enforcement Hearing as discussed above. Please be aware this item will <br />remain scheduled for an Enforcement Hearing until the Division receives a signed notarized <br />copy of the Consent Agenda Summary Form. <br />Please contact Sitira Pope of the Division at (303) 866-3567 on the Thursday or Friday prior to <br />the Board Hearing to confirm exactly what day your item will appear before the Board, or return <br />the Consent Agenda Summary Form signed and notarized if you choose that option. If you have <br />any questions about this letter, the hearing, or the Consent Agenda Summary Form please <br />contact Jared Ebert at (303) 866-3567 ext. 8120. <br />Sincerely, <br />Loretta Pineda <br />Division Director <br />CERTIFIED MAIL NO. 7008 3230 0002 7253 3399 <br />Return Receipt Requested <br />Enclosure: 1.) December 9, 2010, DRMS Inspection Report <br />2.) Consent Agenda Summary Form <br />Cc: Tony Waldron, DRMS <br />Jared Ebert, DRMS <br />John Roberts, AGO <br />Jeff Fugate, AGO