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Therefore, we have reason to believe that a violation exists to DRMS File M- 2000 -009 and to <br />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 June 13 and 14` 2012 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 June 13 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 Asphalt Specialties is in <br />violation of the provisions noted above. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or <br />assess a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation. The <br />financial warranty and permit may also be found subject to revocation and forfeiture. If you <br />have evidence indicating that the possible violations noted above do not exist or have been <br />corrected, 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 <br />the Board's order before it becomes final. If you wish to do so, you must provide the Board <br />with a written request to review the draft order prior to or at the time of your hearing, or you <br />must inform the Board orally during the hearing that you request to review the draft order. <br />You must include your mailing address and, if possible, a fax number. You will be provided a <br />copy of the draft order for your review as soon as it is available. The Board must receive <br />your comments on the draft order within seven (7) calendar days of the date the draft order is <br />mailed, unless that deadline is extended for good cause. Please note that the Division of <br />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. Submit all comments in writing to Mr. <br />John Roberts, Assistant Attorney General, 1525 Sherman Street, 7 Floor, Denver, Colorado <br />80203, or FAX # (303) 866 -5395. 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 <br />the Board or appeal the form or substance of the order. <br />Please contact the Board's secretary Ms Sitira Pope at the DRMS Denver office at (303) 866- <br />3567 x8136 on the Friday or Monday prior to the Board Hearing to confirm exactly what day <br />your item will appear before the Board. If you have any questions about this letter or the <br />hearing, please contact Eric Scott at (303) 866 -3567 x 8140. <br />Sincerely, <br />Loretta Pineda <br />Division Director <br />CERTIFIED MAIL #7010 1060 0001 0936 8570 <br />Return Receipt Requested <br />cc: Tony Waldron -DRMS <br />Tom Kaldenbach- DRMS <br />Jeff Fugate -AGO <br />John Roberts- AGO <br />Page 2 of 2 <br />