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Mr. Hendricks <br />Page 12 <br />January 23, 2013 <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 the Board finds a violation at this hearing, it may issue a Cease 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 720 -508 -6037. 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 Piiieda <br />Division Director <br />CERTIFIED MAIL NO. 7010 1060 0001 0936 6590 <br />Return Receipt Requested <br />Cc: Tom Kaldenbach, DRMS <br />Michael Cunningham, DRMS <br />John Roberts, AGO <br />Jeff Fugate, AGO <br />Dave Young, Calais Resources, Inc. <br />