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Page 12 <br />January 9, 2012 <br />proof that the application process for such discharge permit has commenced. The Division has <br />not received evidence that the Operator has completed permanent closure of the secondary <br />escape -way. In addition, the civil penalty of $9,800 has not been submitted. As a result, the <br />Division believes you are in violation of C.R.S. 34 -32 -124 and C.R.S. 34- 32- 118(1)(b), for <br />failure to comply with the conditions of an order. <br />Therefore, the Division has found reason to believe a violation exists to File No. M- 1983 -141 <br />and has scheduled this matter before the Mined Land Reclamation Board. <br />A Formal Public Hearing will occur at the February 8 -9, 2012 Board meeting for consideration <br />of the possible violation, as referenced above. Pursuant to C.R.S. §34 -32 -118, if the Board <br />determines that you have violated the December 8th, 2011 Board Order or that you are in default <br />under your performance warranty the Board may rule that your Financial Warranty is subject to <br />forfeiture. <br />Pursuant to Rule 4.20, if the Board concludes that your Financial Warranty is subject to <br />forfeiture, the Board will notify you and all financial warrantors of a second hearing. At that <br />second hearing, the Board will consider whether your Financial Warranty should be forfeited and <br />grant you and all financial warrantors the right to appear before the Board. At the second <br />hearing, the Board may withdraw or modify any determination that the warranty is subject to <br />forfeiture, settle or compromise the determination, or confirm its determination and order the <br />forfeiture of your Financial Warranty. See C.R.S. 34- 32- 118(3)(a). <br />Pursuant to 34 -32 -124, the Board may also conclude that your permit should be revoked based <br />on the violation described in the December 8th, 2011 Board Order. The Board will consider <br />revocation of your permit during the April 11 -12, 2012 Board meeting. In accordance with <br />C.R.S. 34- 32- 103(6)(IV), the operator must be given 60 days of notification for possible <br />revocation of a reclamation permit. This letter serves at that notice. <br />If the Board finds a violation at the February hearing, it may issue a Cease and Desist Order and <br />assess 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 the Division 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 o 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 o any party. The Board will resolve any issues regarding the form and <br />