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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br /> The Board FINDS Raymond Difani in violation of the Act under sections 34- <br /> 32-116(3) and 116(4) C.R.S. and Rule 5.6 for failing to submit the annual report, <br /> map, annual fee for 2019. <br /> The Board hereby REVOKES permit number P-2007-051 in accordance with <br /> section 34-32-124(6)(a), C.R.S. <br /> Prospector shall CEASE AND DESIST all prospecting activities at the NOI site <br /> until Prospector has complied with the corrective actions set forth in this Order to the <br /> satisfaction of the Division and the Board and the permit is reinstated by the Board. <br /> The Board imposes the following CORRECTIVE ACTION against Prospector: <br /> Raymond Difani shall, within ten days of the effective date of this Order, (a) submit <br /> the annual report and map for 2019, and (b) pay the unsuspended portion of the civil <br /> penalty, $200. <br /> The Board imposes a CIVIL PENALTY of$100 per day for 44 days of <br /> violation for a total civil penalty of$4,400 pursuant to section 34-32-124(7), C.R.S. <br /> All but $200 of the total civil penalty is suspended if the Prospector complies with <br /> the corrective actions in the time specified. The portion of the civil penalty that is <br /> not suspended, $200, shall be due and payable within 30 days of the effective date of <br /> this Order. Failure to submit any portion of the civil penalty that is due and <br /> payable by the date specified shall result in immediate submittal of such penalties <br /> to state collections. <br /> The Board FINDS that the financial warranty for P-2007-051 is subject to <br /> forfeiture for Prospector's failure to cure a default under the performance warranty. <br /> The Board directs the Division to, in accordance with section 34-32-118(2), <br /> C.R.S., notify Prospector and all financial warrantors of the NOI of their right to <br /> appear at a Board hearing to consider whether the financial warranty for the NOI <br /> is subject to forfeiture, such hearing to be held at least thirty days after receipt of <br /> such notice. <br /> The Board directs the Division to, if Prospector fails to cure the violations <br /> cited in this Order within ten days of the effective date of this Order, notify <br /> Prospector and all financial warrantors that the financial warranty is subject to <br /> forfeiture and of Prospector's right to appear at a hearing to consider whether the <br /> financial warranty for permit number P-2007-051 should be forfeited. The hearing <br /> will be held at least thirty days after receipt of the notice, and the Division shall <br /> schedule this matter for a hearing to consider the forfeiture of the financial <br /> warranty for permit number P-2007-051 at the next available Board meeting after <br /> the required notifications are issued and at least thirty days after receipt of notice. <br /> Raymond Difani <br /> P-2007-051 <br /> PV-2020-001 3 <br />