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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Notice of Violation No. PV-2018-002 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF VIOLATION OF SMUGGLER GOLD MINE, LLC; CIVIL <br /> PENALTIES; CORRECTIVE ACTION; REVOCATION OF NOTICE OF INTENT <br /> TO CONDUCT PROSPECTING OPERATIONS; AND FINDING THE <br /> FINANCIAL WARRANTY TO BE SUBJECT TO FORFEITURE; File No. P-2012- <br /> 011 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") in <br /> executive session on May 16, 2018 in Denver, Colorado for a hearing to consider <br /> revocation of Notice of Intent to Conduct Prospecting Operations number P-2012-011 <br /> ("NOI"), held by Smuggler Gold Mine, LLC ("Prospector"); civil penalties; corrective <br /> actions; and finding the financial warranty to be subject to forfeiture for Prospector's <br /> failure to submit an annual report, map, and fees, and violating provisions of the NOI. <br /> Michael Cunningham appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). There was no appearance on behalf of Prospector. <br /> The Board, having considered the presentation and having been otherwise <br /> fully informed of the facts, hereby enters the following findings of fact, conclusions <br /> of law, and order. <br /> FINDINGS OF FACT <br /> 1. Prospector holds Notice of Intent to Conduct Prospecting Operations <br /> number P-2012-011 ("NOI"). Located in Section 11, Township 2 South, Range 73 <br /> West, 6th P.M. in Gilpin County, the site is a 2-acre gold and silver prospecting site <br /> known as Smuggler Gold Mine. <br /> 2. The Division holds a financial warranty for the site in the amount of <br /> $17,200. <br /> 3. On November 15, 2016, Prospector submitted payment of$86 for its <br /> 2015 Annual Fee. <br /> 4. On December 9, 2016, the Division mailed Prospector notice that the <br /> 2015 Annual Fee payment was returned for insufficient funds and informed <br /> Prospector that the payment deadline was extended to January 9, 2017. <br />