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Two Formal Public Hearings will be held in regards to this issue. The first will occur at the August 10 and 11, 2011 <br />Board meeting for consideration of the possible violation, as discussed above. Also at this hearing, it will be <br />determined if the Board has the authority to revoke the permit held for the operation and forfeit the financial <br />warranty. if at the August hearing the Board determines it has the authority to revoke the permit and forfeit the <br />financial warranty a second Board hearing will take place. The second hearing will occur during the September 14 <br />and 15, 2011 Board meeting in order to revoke the permit and forfeit the financial warranty. In accordance with <br />C.R.S. 34- 32.5 -103 (11) (d), the operator must be given 60 days of notification for possible revocation of a <br />reclamation permit. This letter serves as that notice. <br />If the Board finds a violation at the August hearing, it may issue a Cease and Desist Order, assess a Civil Penalty in <br />the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence indicating the possible <br />violation noted above does not exist or has been corrected, please provide it to the Division 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 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 draft <br />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 copy <br />by mail is requested. The Board's attorney must receive your comments on the draft order within three calendar <br />days of the date the draft order is e- mailed, unless that deadline is extended by the Board's attorney. Submit all <br />comments in writing, by e-mail or fax, to Mr. John Roberts, ii.roberts(5.state.co.us, Fax: number 303 - 866 -5395. <br />Please note that the Division of 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 any issues regarding the <br />form and substance of the order. This process does not affect your right to request reconsideration by the Board or <br />appeal the form or substance of the order. <br />Please contact Sitira Pope of the Division at (303) 866 -3567 on the Thursday or Friday prior to the Board Hearing to <br />confirm exactly what day your item will appear before the Board. If you have any questions about this letter or the <br />hearings, please 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 3443 <br />Return Receipt Requested <br />Enclosure: 1.) February 9, 2011 Board Order <br />2.) Copy of Signed Consent Agenda Summary Form <br />3.) June 1, 2011 Inspection Report. <br />Cc: Tony Waldron, DRMS <br />Jared Ebert, DRMS <br />Jeff Fugate, AGO <br />Phil Dorenkamp, Las Animas County <br />