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I <br /> CONFIDENTIAL- NOT FOR INCLUSION IN THE DIVISION OR! BOARD'S PUBLIC <br /> FILES <br /> 7. On January 10, 2017,the Division mailed a Reason to Believe a Violation <br /> Exists letter to the Prospector,informing Prospector of the possible violation and providing <br /> details regarding a hearing on this matter scheduled for February 22-23,2017. <br /> 8. On February 12, 2017,the Division received the Reason to Believe a Violation <br /> Exists letter by return mail,marked "Unclaimed-Unable to Forward." <br /> 9- ProspectorfaUed to submit annual reports,fees,and maps,as required by <br /> sections 34-32-11E{4) and-127.{2).(a),C.R.S.and Rule 5.6.{1)of the Mineral Rules and <br /> Regulations of the Colorado Mined Land Reclamation Board for Hard Rock,Metal,and <br /> Designated Mining Operations f`Rubes"). <br /> 10. The NOI includes a performance warranty in which Prospector agreed that all <br /> prospecting operations shall be in compliance with the Act and all rules and regulations <br /> promulgated pursuant to the Colorado Mined Land Reclamation Act,Article 32 of Title 34, <br /> C.R.S.("Act"). Prospector's violations of section 34-32-116(4),C.R.S.and Rule 5.6{1} <br /> constitute Prospector's default under the performance warranty and violation of the N01. <br /> 11. On February 23,2017,the Board considered the revocation of the permit and <br /> whether the financial warranty should be subject to forfeiture. At the hearing,the Division <br /> testified that Nighthawk Mining&Minerals is not registered to do business in Colorado. The <br /> Board found that Prospector failed to pay the annual fee or submit the annual report and <br /> map by the anniversary date. The Board found Prospector in violation of sections 34-32- <br /> 116(4) and-127�2), C.R.S.and the NO1. The Board ordered Prospector to cease and desist <br /> prospecting activities at the site; required Prospector to,within ten days,submit the annual <br /> reportand map,and pay the annual fee; ordered the NOI revoked;found the financial <br /> warranty to be subject to forfeiture; and directed the Division to schedule this matter for a <br /> hearing to consider forfeiture of the financial warranty for the NOI. The Board issued a <br /> written order, effective March 14,2017 ("March 2017 Order"), <br /> 12. Prospector failed to submit the annual report and map,and pay the annual fee <br /> within ten days or at any time since,in violation of the March 2017 Order. <br /> 13. On March 24, 2017,the Division sent a Notice of Formal Board Hearing for <br /> Forfeiture of Financial Warranty letter to Prospector. <br /> 14. On April 10,2017,the Division sent a letter to Prospector notifying <br /> Prospector that the Bearing had-been rescherdulesl to April 27,2017. <br /> 15. On April 24, 2017,the Division received the March 2017 Order and its March <br /> 24, 2017 letter by return mail,marked"Return to Sender-Unclaimed-Unable to <br /> Forward." <br /> Nighthawk Mining&Minerals <br /> P-2009-010/Sara Rose <br /> PV-2017-001 2 <br />