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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 />September 20, 2017 <br />Keith McFarland <br />P.O. Box 617 <br />Silverton, CO 81433 <br />Re: Reason to Believe a Violation Exists and Notice of Board Hearing, Unpermitted Mining or <br />Prospecting Operation, File No. M-2017-044 <br />Mr. McFarland: <br />On September 18, 2017, the Division of Reclamation, Mining and Safety (Division) conducted an <br />inspection of the Hobo Lode mine site and nearby lands. During the inspection it was determined that a <br />mining or prospecting operation has been initiated prior to obtaining a reclamation permit or filing a <br />notice of intent to conduct prospecting operations. Based on the findings of the inspection we believe this <br />is in violation of: <br />• C.R.S. 34-32-109 for failure to first obtain a reclamation permit from the Mined Land <br />Reclamation Board before engaging in a new mining operation, <br />• or C.R.S. 34-32-113 for failure to file a notice of intent to conduct prospecting operations. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, <br />C.R.S. 34-32-101 et sic ., and have scheduled this matter to appear before the Mined Land Reclamation <br />Board. <br />A Formal Public Hearing will be held during the October 25-26, 2017 Board Meeting for consideration of <br />this possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, <br />beginning at 9:00 a.m. on October 25, 2017 or as soon thereafter as the matter can be considered_ At that <br />hearing you will have the opportunity to present your defense. <br />This is an important legal nroceeding and you must appear in person for this hearing. If you fail to <br />appear an order and money 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 Civil <br />Penalty in the amount of $50.00 to $200.00 for each day of violation pursuant to C.R.S. 34-32-123 (3). <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http:/Imining.state,co.us <br />John W. Hickenlooper, Governor F Robert Randall, Executive Directors Virginia Brannon, Director <br />