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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman St. Room 215 <br />Denver, CO 80203 <br />February 28, 2018 <br />Shannon Murphy <br />Smuggler Gold Mine, LLC <br />PO Box 661 <br />Cripple Creek, CO 80813 <br />Re: Smuggler Gold Mine (NOI No. P-2012-011) <br />REASON TO BELIEVE A VIOLATION EXISTS AND <br />NOTICE OF BOARD HEARING <br />Dear Mr. Murphy: <br />C.R.S. 34-32-116(4), Rule 5.6, and your notice of intent require you to submit to the Division of <br />Reclamation, Mining and Safety (Division) an annual fee, map and report, due on or before October 11 <br />of each year. The annual fee required for your permit is $86.00. As of the date of this letter the Division <br />has not received your annual fee, map and report for 2017. In addition, the Division has not received <br />the annual fee payment for 2015. The total amount now due and payable is $172.00. <br />Therefore, the Division has reason to believe this is a violation of C.R.S. 34-32-116(4) et seq., Rule <br />5.6, and your notice of intent, and has scheduled this matter to appear before the Mined Land <br />Reclamation Board (Board), pursuant to C.R.S. 34-32-124. <br />A Formal Public Hearing will be held during the April 25-26, 2018 Board meeting (or the second day <br />of a two day meeting) for consideration of these possible violations. The hearing will be held in Room <br />318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. on April 25, 2018 or as soon <br />thereafter as the matter can be considered. You will have the opportunity to present your defense. <br />If you submit all past due annual fees, reports, and maps, and the Civil Penalties by April 20, 2018, this <br />matter will be withdrawn from Board consideration and the scheduled hearing will be vacated. <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 money 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 />If the Board finds a violation at this hearing, it may revoke the notice of intent, issue a Cease and <br />Desist Order and/or assess a Civil Penalty in the amount of $100.00 to $1,000.00 for each day of <br />violation pursuant to C.R.S. 34-32-124(7). If you have evidence indicating that the possible <br />1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F <br />John W. Hickenlooper, Governor i Robert W. Randall, Executive Director Virginia Brannon, Director <br />