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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br /> fee by the anniversary of the NOI (November 28, 2019), and providing details <br /> regarding a hearing on this matter scheduled for January 22, 2020. <br /> 6. Section V, Provision number 3 of the NOI requires that prospecting <br /> operations shall be conducted in such a manner as to comply with all applicable <br /> local, state and federal laws and regulations, including applicable state and federal <br /> air and water quality laws and regulations, and requires Prospector to comply with <br /> all provisions of the Act and Rules. <br /> 7. Prospector failed to submit the annual report, fee, and map, as <br /> required by sections 34-32-116(3), -116(4) and -127(2)(a), C.R.S. and Rule 5.6 of the <br /> Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br /> Hard Rock, Metal, and Designated Mining Operations ("Rules"). <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter and Prospector pursuant to <br /> the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2019) ("Act"). <br /> 9. Prospectors are required to submit annual reports, maps, and pay <br /> annual fees for each year of operation. §§ 34-32-116(3) and 116(4), C.R.S. (2019); <br /> Rule 5.6. Prospector failed, by the anniversary date of the NOI, to submit an <br /> annual report, map, and fee, in violation of sections 34-32-116(3) and -116(4), C.R.S. <br /> and Rule 5.6. <br /> 10. 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. § 34-32-124(2) <br /> C.R.S. (2019). Prospector violated sections 34-32-116(3) and -116(4), C.R.S. and <br /> Rule 5.6 by failing to file multiple annual reports and failing to pay multiple annual <br /> fees. <br /> 11. Prospector's violation of sections 34-32-116(3) and 116(4), C.R.S. and <br /> Rule 5.6 constitute Prospector's violation of the NOI. <br /> 12. The Board may impose a civil penalty of not less than $100 per day nor <br /> more than $1,000 per day for each day during which a violation of the NOI exists. <br /> § 34-32-124(7) C.R.S. (2019). The Board may impose a penalty against Prospector <br /> based on 44 days of violation of the NOI, for a civil penalty of$4,400 to $44,000. <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 /> Raymond Difani <br /> P-2007-051 <br /> PV-2020-001 2 <br />