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13. Under section 34-32-124(6)(a), if the Board finds that a permitee <br /> violated a permit provision, the Board may suspend, modify, or revoke such permit. <br /> By violating provisions of the Act and Rules, Prospector is in violation of provisions <br /> of the NOI, specifically the performance warranty. Suspension, modification, or <br /> revocation of the NOI is appropriate. <br /> 14. Pursuant to section 34-32-124(7), the Board may impose a civil penalty <br /> of not less than $100 per day nor more than $1,000 per day for each day during <br /> which a permit violation occurs. <br /> 15. The Board may find a financial warranty subject to forfeiture where a <br /> permitee failed to cure a default under a performance warranty despite written <br /> notice of the default and ample time to cure such default. § 34-32-118(1)(b), C.R.S. <br /> (2024). Prospector's violation of provisions of the Act and Rules constitutes <br /> Prospector's default under its performance warranty. Prospector defaulted on its <br /> performance warranty, was sent written notice of the default, and failed to cure <br /> such default. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> enters the following order: <br /> The Board finds Smuggler Gold Mine, LLC in violation of the Act, under <br /> section 34-32-117(4)(c)(II) and Rule 4.2.1(2) for failure to submit additional financial <br /> warranty within 60 days of the date of the notice of increase. <br /> The Board finds that Smuggler Gold Mine, LLC has defaulted on the <br /> performance warranty of the NOI. <br /> Smuggler Gold Mine, LLC shall CEASE AND DESIST all prospecting <br /> activities at all areas within the NOI site until Prospector has complied with all <br /> corrective actions set forth in this order to the satisfaction of the Division and <br /> the Board. <br /> The Board orders that Notice of Intent number P-2012-011 is REVOKED. <br /> The Board waives civil penalties in this matter. <br /> The Board finds the financial warranty for Notice of Intent number P-2012- <br /> 011 to be subject to forfeiture under section 34-32-118(1)(b), C.R.S. for Prospector's <br /> failure to cure a default under its performance warranty. <br /> Smuggler Gold Mine, LLC <br /> P-2012-011 /Smuggler Gold Mine <br /> PV-2025-02 3 <br />