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CONFIDENTIAL- NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC <br /> FILES <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. PV-2017-001 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER <br /> IN THE MATTER OF THE FORFEITURE OF THE FINANCIAL WARRANTY OF NIGHTHAWK <br /> MINING&MINERALS,Fine No.P-20109-010 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") in <br /> executive session on April 27, 2017 in Denver, Colorado for a hearing to consider forfeiture <br /> of the financial warranty of Nighthawk Mining&Minerals('Prospector ), file number P- <br /> 2009-010. Michelle Ramirez appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). There was no appearance on behalf of Prospector. <br /> The Board,having considered the presentation and being otherwise fully informed <br /> of the facts,hereby enters the following findings of fact,conclusions of law and order. <br /> FINDINGS OF FACT <br /> 1. Prospector holds Notice of Intent to Conduct Prospecting Operations number <br /> P-2009-010 ("NOI"). Located in Section 28,Township"8 South, Range 78 West, 6ch P.M.in <br /> Park County,the site is a 1.0-acre gem prospecting site known as Sara Rose. <br /> 2. The Division holds a financial warranty for the site in the amount of$2,000. The <br /> financial warranty is adequate for reclamation of the site. <br /> 3. On September 2,2014,the Division sent Prospector an Annual Fee Invoice and <br /> Report Request for payment of the 2014 annual fee in the amount of$86,completed annual <br /> report,and map,all due by the NOI anniversary date. <br /> 4. On September 1,2015,the Division sent Prospector an Annual Fee Invoice and <br /> Report Request for payment of the 2015 annual fee in the amount of$86,completed annual <br /> report,and map,all due by the NOI anniversary date. <br /> 5. On August 19,2016,the Division sent Prospector an Annual Fee Invoice and <br /> Report Request for payment of the 2016 annual fee in the amount of$86,completed annual <br /> report,and map,all due by the NOI anniversary date. <br /> 6. Prospector failed to pay the annual fees or submit the anneal reports and <br /> maps for 2014,2015,and 2016 by the anniversary date or at any time since. <br /> CONFIDENTIAL- NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC <br /> FILES <br />