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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety RECEIVED <br /> Department of Natural Resources <br /> 1313 Sherman St. Room 215 MAR 12 2018 <br /> Denver, CO 80203 <br /> DIVISION OF RECLAMATION <br /> MINING AND SAF�y <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 matter will be withdrawn from Board consideration and the scheduled hearing will be vacated.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 /> ,.mow. .1� . <br /> ,�71 <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303)866-3567 F I i�i C Ol <br /> John W. Hickenlooper, Governor I Robert W. Randall, Executive Director I Virginia Brannon, Director <br /> IuoA <br />