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CONFIDENTIAL- NOT FOR INCLUSION IN THE DIVISION ORBOARD'S PUBLIC <br /> FILES <br /> under its performance warranty. Prospector defaulted on its performance warranty, <br /> received written notice of the default,and failed to cure such default. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. There is <br /> no information before the Board indicating that any action other than the requested action <br /> is appropriate. Therefore,based on the foregoing findings of fact and conclusions of law, <br /> the Board enters the following order: <br /> Me Board finds Nighthawk Mining&Minerals in violation of the Act,under sections <br /> 34-32-116(4)and-127(2), C.R&,and,Rules for failing to submit required a,nnual fees, <br /> annual reports,and maps. <br /> The Board finds Nighthawk Mining&Minerals in violation of the NOI. <br /> Nighthawk Mining&.Minerals shah CEASE AND DESIST all prospecting <br /> activities at a)1 areas within the NG1 site untfl-Prospector has complfed`-witlx a T <br /> corrective actions set forth in this order to the satisfaction oft-he Division and the <br /> Board. <br /> The Board Imposes the followingjCOR-ZECT1VE ACHGN against Prospector: <br /> Nighthawk Mining&Minerals shall,within ten days of the effective date of this Order, <br /> ,(a) submit the annual report and map,and f b)pay the annual fee in the total amount of$86. <br /> The Board orders that N otice of Intent number P-2009-010 is REVOKED. <br /> The Board finds the financial warranty for Notice of Intent number P-2009-010 to <br /> be subject to forfeiture under section 34-32-118f1)(b),C.R.S.for Prospector's failure to <br /> cure a default under its performance warranty. <br /> The Sward directs the Division to,in accordance with section 34-32-118(2),C.R.S., <br /> notify Prospector that the financial warranty is subject to forfeiture and of its right to <br /> appear at a Hoard hearing to consider whether the financial warranty for the N0I should be <br /> forfeited,such hearing to be held at least thirty days after receipt of such notice. <br /> The Board directs the Division to,if Prospector fails to cure the violations cited in this <br /> Order within ten days of the effective date of this Order-,schedule this matter for a hearing to <br /> consider forfeiture of the financial warranty for the NOI-at the-next available Board meeting <br /> after the required notification is issued to Prospector,at least thirty days after receipt of <br /> such notice. <br /> DONE and ORDERED this-L2L day of 2017. <br /> Nighthawk Mining&Minerdls <br /> P-2009-010/Sara Rose <br /> PV-2017-001 3 <br />