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that, beginning on July 13, 2018, he had used an excavator to dig a large test pit <br />and construct a road to a historic adit. Mr. Mayer also stated that he took <br />samples from the test pit and sent them to a lab for analysis to determine what <br />kind of deposits he had on his claim. Mr. Mayer explained that though the rock <br />drill was onsite, he had not started drilling the deposit. <br />5. On August 2, 2018, Prospector filed a Notice of Intent to Conduct <br />Prospecting Operations ("NOI") describing a proposal to drill ten holes at the site. <br />6. On August 27, 2018, the Division mailed the written inspection report <br />to Prospector. <br />7. On August 27, 2018, the Division mailed a Notice of a Reason to <br />Believe a Violation Exists letter to Prospector, informing it of the possible violation <br />and providing details regarding a hearing on this matter scheduled for September <br />26, 2018. <br />8. At the September 26, 2018 hearing, the Division presented testimony <br />regarding its inspection and the state of the site. The road constructed to access the <br />site has four switchbacks. The historical adit on the site is collapsed and has not <br />been opened. <br />9. Mr. Mayer presented testimony on behalf of the Prospector. Mr. <br />Mayer stated that he had built the road to access the site and had intended to use <br />the site for recreation and possibly for constructing a cabin. Mr. Mayer stated that <br />the site could not be rezoned for a cabin without demonstrating that there are no <br />minerals on the property. Mr. Mayer acknowledged that he would mine the site if <br />tests indicated that it contained gold. <br />CONCLUSIONS OF LAW <br />1. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2018). <br />2. Section 34-32-103(12) defines "prospecting" as including "digging pits <br />or cuts or other works for the purpose of extracting samples ... and the building of <br />roads, access ways, and other facilities related to such work." The test pit and road <br />construction undertaken by Precision Drilling & Blasting, Inc. constitute <br />"prospecting" as defined by the Act. <br />3. Section 34-32-113(1) requires that any person desiring to conduct <br />prospecting must file a notice of intent to prospect prior to entering the land where <br />prospecting is to be conducted. Precision Drilling & Blasting, Inc. engaged in <br />prospecting without first filing an NOI, in violation of section 34-32-113(1), C.R.S. <br />Precision Drilling & Blasting, Inc. <br />P-2018-015 <br />PV -2018-005 <br />