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<br /> <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor | Robert W. Randall, Executive Director | Virginia Brannon, Director <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br /> <br /> <br /> <br />July 21, 2017 <br /> <br /> <br />Harry Covey <br />1600 Bain Dr. <br />Erie, CO 80516 <br /> <br />RE: Reason to Believe a Violation Exists and Notice of Board Hearing <br /> Phil Sheridan Lode, Permit No. M-1988-081 <br /> <br />Dear Mr. Covey: <br /> <br />Pursuant to C.R.S. 34-32-116(4), Hard Rock Rule 5.6, and the conditions of Permit No. M-1988- <br />081, you are required to submit $86.00 in annual fees and an annual report and map by the <br />anniversary date of the NOI, by August 19th of each year. As of the date of this correspondence, <br />the Division has not received the 2015 Annual Report and 2015 Annual Map due August 19, <br />2015, and the 2016 Annual Fee, 2016 Annual Report, and 2016 Annual Map due August 19, <br />2016. <br /> <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(4), Hard <br />Rock Rule 5.6, and the conditions of Permit No. M-1988-081, 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 /> <br />A Formal Board Hearing will occur during the August 23-24, 2017 Board meeting for <br />consideration of these possible violations. The hearing will be held at 1313 Sherman Street, <br />Room 318, Denver, Colorado, beginning at 9:00 a.m. on August 23, 2017, or as soon thereafter <br />as the matter can be considered. At that hearing, you will have the opportunity to present your <br />defense. <br /> <br />This is an important legal proceeding and you must appear in person for this hearing. If you fail <br />to appear, an order and financial judgment may be entered against you. In addition, failure to <br />appear at the hearing may result in legal consequences including, but not limited to, loss of party <br />status and your ability to seek reconsideration from the Board or seek judicial appeal in district <br />court. <br /> <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess <br />a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of violation, pursuant to <br />C.R.S. 34-32-124(7). Pursuant to C.R.S. 34-32-124(6)(a), the Board may order the NOI be <br />suspended, modified, or revoked. Pursuant to C.R.S. 34-32-118, the Board may determine the