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them that a hearing would be held before the Board to consider forfeiting the <br />financial warranty at the Board's August 22, 2018 meeting. <br />5. At the August 22, 2018 hearing, the Division, through Michael <br />Cunningham, presented testimony regarding the notice process of the forfeiture <br />hearing. The Division also informed the Board that Prospector had appeared at the <br />hearing and was requesting reinstatement. The Division took no position on the <br />request for reinstatement but recommended that the $1,000 civil penalty remain in <br />place. <br />6. Prospector requested reinstatement of the NOI and presented testimony <br />that they were willing to remedy the violations by paying the delinquent annual fees <br />and the civil penalty. Mr. Murphy, on behalf of Prospector, also testified that they <br />had updated Prospector's contact information to ensure that future notices from the <br />Division would be received in a timely manner. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter and Prospector pursuant to <br />the Act. <br />8. When a financial warranty has been determined to be subject to <br />forfeiture, a hearing must be held wherein the Board may withdraw or modify the <br />forfeiture determination, settle or compromise the determination, or confirm its <br />determination that the financial warranty should be forfeited. § 34-32-118(3)(a). <br />9. Pursuant to section 34-32-124(6)(b), C.R.S., once a permit has been <br />revoked by the Board, a permit may be reinstated if the Board is satisfied that the <br />mining operation has been brought into compliance with the permit. Prospector's <br />payment and submission of the delinquent annual fees and reports represents <br />compliance with the permit. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />orders as follows: <br />The Board hereby GRANTS the Prospector's request to reinstate permit <br />number P-2012-011 pending submission of the delinquent annual reports and <br />payment of the delinquent annual fees and the unsuspended civil penalties in the <br />amount of $1,000 assessed in the Board's June 2018. order. <br />Smuggler Gold Mine, LLC <br />P-2012-011 / Smuggler Gold Mine <br />PV -2018-002 <br />