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13. The Board may suspend, modify, or revoke a notice of intent if, after <br /> hearing, it finds that a violation has occurred. § 34-32-124(6)(a), C.R.S. (2024). By <br /> failing to submit annual fees and reports, the Prospector is in violation of NOI <br /> number P-2007-058. Therefore, NOI number P-2007-058 is subject to suspension, <br /> modification, or revocation. <br /> 14. Pursuant to section 34-32-124(7), C.R.S., if the Board determines that <br /> a prospector has violated any provision of a permit, the Board may impose a civil <br /> penalty. The Prospector is in violation of the Act, in default under its performance <br /> warranty, and in violation of the terms of NOI No. P-2007-058. <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 hereby enters the following order: <br /> The Board hereby finds Prospector in violation of section 34-32-116(3) and <br /> (4), C.R.S. and Rule 5.6. <br /> The Board hereby REVOKES NOI number P-2007-058 in accordance with <br /> section 34-32-124(6), C.R.S. <br /> Prospector shall CEASE AND DESIST any further prospecting activities at <br /> the site. <br /> The Board imposes a CIVIL PENALTY of$86.00, which the Board waives. <br /> The Board finds that, in accordance with section 34-32-118(1)(b), C.R.S., the <br /> financial warranty for NOI number P-2007-058 is subject to forfeiture. In <br /> accordance with section 34-32-118(2), C.R.S., the Board directs the Division to <br /> notify Prospector and all financial warrantors, if any, that the financial warranty <br /> for NOI number P-2007-058 may be ordered forfeited at a Board hearing to be held <br /> at least 30 days after receipt of such notice. <br /> DONE AND ORDERED this 18 day of November 2023. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Jill Nelson, hair <br /> The Mining Company, Inc. <br /> P-2007-058 <br /> PV-2024-002 3 <br />