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Mr. Vasquez <br />Page 12 <br />February 14, 2012 <br />determination, or confirm its determination and order the forfeiture of your Financial Warranty. See <br />C.R.S. 34- 32.5- 118(3)(a). <br />Pursuant to C.R.S. 34- 32.5 -124, the Board may also conclude that your permit should be revoked based <br />on the violation described in the December 9 2011 Board Order. The Board will consider revocation of <br />your permit during the June 13 -14, 2012 Board meeting. In accordance with C.R.S. 34- 32.5- 103(11)(d), <br />the operator must be given 60 days of notification for possible revocation of a reclamation permit. This <br />letter serves at that notice. <br />If the Board finds a violation at the April hearing, it may issue a Cease and Desist Order and assess a <br />Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation. If you have evidence <br />indicating that the possible violation noted above does not exist or has been corrected, please provide it to <br />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 Board's <br />order before it becomes final. If you wish to do so, you must provide the Board with a written request to <br />review the draft order prior to or at the time of your hearing, or you must inform the Board orally during <br />the hearing that you request to review the draft order. You must include your mailing address and, if <br />possible, a fax or email address. You will be provided a copy of the draft order by e -mail for your review <br />as soon as it is available, unless a hard copy by mail is requested. The Board's attorney must receive your <br />comments on the draft order within three calendar days of the date the draft order is e- mailed, unless that <br />deadline is extended by the Board's attorney. Submit all comments in writing, by e -mail or fax, to Mr. <br />John Roberts, jj.roberts @state.co.us, Fax: number 303 - 866 -5395. Please note that the Division of <br />Reclamation, Mining and Safety has requested and will be allowed to review and comment on the draft <br />Board 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 Board or <br />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 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 Michael Cunningham at (303) 866 -3567 x8116. <br />Sincerely, <br />Loretta Pineda <br />Division Director <br />CERTIFIED MAIL NO. 7009 2820 0003 5700 7448 <br />Return Receipt Requested <br />Cc: Tom Kaldenbach, DRMS <br />Michael Cunningham, DRMS <br />John Roberts, AGO <br />Jeff Fugate, AGO <br />