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Kim Barickman <br />August 11, 2011 <br />Page 2 <br />your comments on the draft order within three calendar days of the date the draft order is e- mailed, <br />unless that deadline is extended by the Board's attorney. Submit all comments in writing, by e -mail or <br />fax, to Mr. John Roberts, jj.roberts@state.co. us, Fax: number 303 - 866 -5395. Please note that the <br />Division of Reclamation, Mining and Safety has requested and will be allowed to review and comment on <br />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 <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 is to <br />summarize the possible violation, corrective actions and civil penalties associated with this item. Please <br />review this letter, the attached inspection report and the Consent Agenda Summary Form. If you do not <br />wish to contest the violation, cease and desist order, corrective actions or civil penalties and do not wish <br />to attend the Board Hearing and agree with the Division's findings and recommendations, you may sign <br />and notarize the 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 September 14 and 15, 2011 <br />Board Meeting and there will not be an Enforcement Hearing as discussed above. Please be aware this <br />item will 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 x8136 on the Friday or Monday prior to the <br />Board Hearing to confirm exactly what day your item will appear before the Board. If you have any <br />questions about this letter or the hearing, please contact Jared Ebert at (303) 866 -3567 x8120. <br />Sincerely, <br />ash <br />Lore a Pineda <br />Division Director <br />CERTIFIED MAIL NO. 7009 2820 0003 5701 0387 <br />Return Receipt Requested <br />Cc: Tony Waldron, DRMS <br />Jared Ebert, DRMS <br />John Roberts, AGO <br />Jeff Fugate, AGO <br />Joe Gagliano, L J Development, Inc. <br />