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5. On March 24, 2017, the Division sent Prospector notice that the 2015 <br /> Annual Fee had not been paid and extending the deadline for payment by thirty days <br /> to April 24, 2017. <br /> 6. On September 1, 2017, the Division sent Prospector an Annual Fee <br /> Invoice and Report Request for payment of the 2017 annual fee, completed annual <br /> report, and map, all due by the NOI anniversary date, October 11, 2017. <br /> 7. Prospector failed to pay the annual fees or submit the annual reports <br /> and maps by the anniversary date or at any time since. <br /> 8. On February 28, 2018, the Division mailed to Prospector a Reason to <br /> Believe a Violation Exists and Notice of Board Hearing letter for Prospector's failure <br /> to submit its 2015 Annual Fee and 2017 Annual Fee, Report and Map. In addition to <br /> notifying Prospector of the possible violations, the Division's letter also provided <br /> details regarding a hearing on this matter before the Board scheduled for April 25, <br /> 2018. <br /> 9. On March 12, 2018, the Division received the Reason to Believe a <br /> Violation Exists letter by return mail from the U.S. Postal Service marked "Box <br /> Closed —Unable to Forward— Return to Sender." <br /> 10. Prospector failed to submit annual reports, fees, and maps, as required <br /> rK by sections 34-32-116(4) and -127(2)(a), C.R.S. and Rule 5.6(1) of the Mineral Rules <br /> and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, <br /> Metal, and Designated Mining Operations ("Rules"). <br /> 11. The NOI includes a performance warranty in which Prospector agreed <br /> that all prospecting operations shall be in compliance with the Act and all rules and <br /> regulations promulgated pursuant to the Colorado Mined Land Reclamation Act, <br /> Article 32 of Title 34, C.R.S. ("Act"). Prospector's violations of section 34-32-116(4), <br /> C.R.S. and Rule 5.6(1) constitute Prospector's default under the performance <br /> warranty and violation of the NOI. <br /> CONCLUSIONS OF LAW <br /> 12. The Board has jurisdiction over this matter and Prospector pursuant to <br /> the Act. <br /> 13. Prospectors are required to submit annual reports and maps, and pay <br /> annual fees for each year of operation. C.R.S. §§ 34-32-116(4), -127(2)(a) (2017); <br /> Rule 5.6(1). Prospector failed, by the anniversary date of the NOI, to submit annual <br /> reports, submit annual maps, and pay annual fees, in violation of section 34-32- <br /> 116(4), C.R.S. and Rule 5.6(1). <br /> Smuggler Gold Mine, LLC <br /> P-2012-011 / Smuggler Gold Mine <br /> PV-2017-002 2 <br />