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Mr. Nesbitt <br />Page 12 <br />September 12, 2011 <br />Therefore, we have reason to believe that a violation exists to DRMS File Number M- 1983 -141 <br />and to the Law, and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the October 12 and 13 2011 Board Meeting for <br />consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman <br />Street, Denver, Colorado, beginning at 9:00 a.m. on October 12 or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the <br />provisions noted above. <br />If th Board finds a v i o lation at thi hearing, it ma is31e a C ease and Desist Order and/or assess <br />a Civil Penalty in the amount of $ 50.00 to $200.00 for each day of violation. If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, <br />please provide it to us as soon as possible or bring it to the hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the <br />Board's order before it becomes final. If you wish to do so, you must provide the Board with a <br />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 <br />copy of the draft order by e -mail for your review as soon as it is available, unless a hard copy by <br />mail is requested. The Board's attorney must receive your comments on the draft order within <br />three 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 />jj.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 />Please contact Sitira Pope of the Division at (303) 866 -3567 x8136 on the Friday or Monday <br />prior to the Board Hearing to confirm exactly what day your item will appear before the Board. <br />If you have any questions about this letter or the hearing, please contact Michael Cunningham at <br />(303) 866 -3567 x8116. <br />Loretta Pifieda <br />Division Director <br />CERTIFIED MAIL NO. 7009 2820 0003 5701 0974 <br />Return Receipt Requested <br />