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14. The Board may issue a cease and desist order if it determines that a <br /> violation of any provision of the Act or any regulation has occurred. C.R.S. § 34-32- <br /> 124(2) (2017). Prospector violated section 34-32-116(4), C.R.S. and Rule 5.6(1) by <br /> failing to file annual reports and maps, and failing to pay annual fees. <br /> 15. Under section 34-32-124(6)(a), C.R.S., if the Board finds that a <br /> permitee violated a permit provision, the Board may suspend, modify, or revoke <br /> such permit. By violating provisions of the Act and Rules, Prospector is in violation <br /> of provisions of the NOI, specifically the performance warranty. Suspension, <br /> modification, or revocation of the NOI is appropriate. <br /> 16. Pursuant to section 34-32-124(7), C.R.S. the Board may impose a civil <br /> penalty of not less than $100 per day nor more than $1,000 per day for each day <br /> during which a permit violation occurs. The Board may impose a civil penalty <br /> against the Prospector based on seventy-eight days of violation at $100 to $1,000 per <br /> day for a civil penalty of$7,800 to $78,000. <br /> 17. The Board may find a financial warranty subject to forfeiture where a <br /> permitee failed to cure a default under a performance warranty despite written <br /> notice of the default and ample time to cure such default. C.R.S. § 34-32-118(1)(b) <br /> (2017). Prospector's violation of provisions of the Act and Rules constitutes <br /> Prospector's default under its performance warranty. Prospector defaulted on its <br /> performance warranty, was sent written notice of the default, and failed to cure <br /> such default. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board enters the following order: <br /> The Board finds Smuggler Gold Mine, LLC in violation of the Act, under <br /> sections 34-32-116(4) and -127(2), C.R.S., and Rules for failing to submit required <br /> annual fees, annual reports, and maps. <br /> �O <br /> The Board finds Smuggler Gold Mine, LLC in violation of the NOI. <br /> Smuggler Gold Mine, LLC shall CEASE AND DESIST all prospecting <br /> activities at all areas within the NOI site until Prospector has complied with all <br /> corrective actions set forth in this order to the satisfaction of the Division and <br /> the Board. <br /> Smuggler Gold Mine, LLC <br /> P-2012-011 /Smuggler Gold Mine <br /> PV-2017-002 3 <br />