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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 THE FORFEITURE OF THE FINANCIAL WARRANTY <br />OF SMUGGLER GOLD MINE, LLC, AND PROSPECTOR'S REQUEST FOR <br />REINSTATEMENT, File No. P-2012-011 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 22, 2018 in Denver, Colorado for a hearing to consider to consider forfeiture of <br />the financial warranty held by Smuggler Gold Mine, LLC ("Prospector") for Notice of <br />Intent (NOI} file number P-2012-011 and Prospector's request to reinstate the NOI. <br />Michael Cunningham appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). Shannon Murphy and John Fognani, Esq. appeared on behalf of <br />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 June 22, 2018, the Board issued an order, effective June 26, 2018, <br />revoking the NOI and ordering Prospector's financial warranty subject to forfeiture <br />for failure to submit annual reports, maps, and fees in violation of the Colorado <br />Mined Land Reclamation Act ("Act"), the Mineral Rules and Regulations of the <br />Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated <br />Mining Operations ("Rules"), and the performance warranty in the NOI. <br />4. On July 5, 2018, the Division mailed Prospector and the financial <br />warrantors Notices of Board Hearing for Forfeiture of Financial Warranty notifying <br />