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COLORADO <br /> Division of Reclamation, <br /> 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'h 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 /> �w0Vcto <br /> Fe ram; tea? 9� <br /> o <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> I AK <br /> John W. Hickenlooper,Governor I Robert Randall, Interim-Executive Director I Virginia Brannon, Director •1876+ <br />