2018-01-09_ENFORCEMENT - P2012006

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6. On January 23, 2017, the Division received the Grace Period letter by return mail from the U.S. Postal Service. 7. Prospector failed to pay the annual fees or submit the annual reports and maps by the anniversary date or at any time since. 8. On June 22, 2017, the Division mailed a Reason to Believe a Violation Exists letter to the Prospector, informing Prospector of the possible violation and providing details regarding a hearing on this matter scheduled for July 26, 2017. 9. On July 24, 2017, the Division received its June 22, 2017 Reason to Believe a Violation Exists letter by return mail from the U.S. Postal Service, marked "Return to Sender — No Such Number— Unable to Forward." 10. Prospector failed to submit annual reports, fees, and maps, as required by sections 34-32-116(4) and -127(2)(a), C.R.S. and Rule 5.6(1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining Operations ("Rules"). 11. The NOI includes a performance warranty in which Prospector agreed that all prospecting operations shall be in compliance with the Act and all rules and regulations promulgated pursuant to the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). Prospector's violations of section 34-32-116(4), C.R.S. and Rule 5.6(1) constitute Prospector's default under the performance warranty and violation of the NOI. CONCLUSIONS OF LAW 12. The Board has jurisdiction over this matter and Prospector pursuant to the Act. 13. Prospectors are required to submit annual reports and maps, and pay annual fees for each year of operation. C.R.S. §§ 34-32-116(4), -127(2)(a) (2016); Rule 5.6(1). Prospector failed, by the anniversary date of the NOI, to submit annual reports, submit annual maps, and pay annual fees, in violation of section 34-32- 116(4), C.R.S. and Rule 5.6(1). 14. The Board may issue a cease and desist order if it determines that a violation of any provision of the Act or any regulation has occurred. C.R.S. § 34-32- 124(2) (2016). Prospector violated section 34-32-116(4), C.R.S. and Rule 5.6(1) by failing to file annual reports and maps, and failing to pay annual fees. 15. Under section 34-32-124(6)(a), C.R.S., if the Board finds that an operator violated a permit provision, the Board may suspend, modify, or revoke such permit. By violating provisions of the Act and Rules, Prospector is in violation Gold Hill Minerals, Inc. P-2012-006/Bueno Mining Mill PV-2017-009 2