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COLORADO <br />Division of Reclamation, <br />A&V. Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />January 10, 2017 <br />Kevin Lawrence <br />Nighthawk Mining & Minerals <br />127 Elm Street <br />Leadville, CO 80461 <br />RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br />Sara Rose, NOI No. P-2009-010 <br />Dear Mr. Lawrence: <br />Pursuant to C.R.S. 34-32-116(4), Hard Rock Rule 5.6, and the conditions of NOI No. P-2009-010, <br />you are required to submit $86 in annual fees and an annual report and map by the anniversary date <br />of the NOI, by October 19' of each year. As of the date of this correspondence, the Division has not <br />received the annual fee, report and map for three years, due October 19, 2014, 2015 and 2016. <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(4), Hard Rock <br />Rule 5.6, and the conditions of NOI No. P-2009-010, and have scheduled this matter for <br />consideration by the Mined Land Reclamation Board (Board), pursuant to C.R.S. 34-32-124(1). <br />A Formal Board Hearing will occur during the February 22-23, 2017 Board meeting for <br />consideration of these possible violations. The hearing will be held at 1313 Sherman Street, Room <br />318, Denver, Colorado, beginning at 9:00 a.m. on February 22"d, or as soon thereafter as the matter <br />can be considered. At that hearing you will have the opportunity to present your defense. <br />This is an important legal proceeding and you must appear in person for this hearing. If you fail to <br />appear an order and financial judgment may be entered against you. In addition, failure to appear at <br />the hearing may result in legal consequences including, but not limited to, loss of party status and <br />your ability to seek reconsideration from the Board or seek judicial appeal in district court. <br />If the Board finds a violation at this hearing it may issue a Cease and Desist Order and/or assess a <br />Civil Penalty in the amount of $100 to $1,000 for each day of violation, pursuant to C.R.S. 34-32- <br />124(7). Pursuant to C.R.S. 34-32-124(6)(a), the Board may order the NOI be suspended, modified, <br />or revoked. Pursuant to C.R.S. 34-32-118, the Board may determine the financial warranty subject <br />to forfeiture. If you have evidence indicating the possible violations do not exist or have been <br />corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br />All parties have an opportunity to review and comment on a draft of the Board's Order before it <br />becomes final. If you wish to do so, you must provide the Board a written request to review the draft <br />Order prior to or at the time of your hearing, or you must inform the Board orally during the hearing <br />FQ' �F-COQ <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mininsi.state.co.us <br />John W. Hickenlooper, Governor I Robert Randall, Interim -Executive Director I Virginia Brannon, Director * . 1a7 <br />