2016-04-04_ENFORCEMENT - P2011024

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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES annual fee for 2015 by the anniversary of the NOI (November 4, 2015), and providing details regarding a hearing on this matter scheduled for March 23, 2016. 5. Section V, Provision number 3 of the NOI requires that prospecting operations shall be conducted in such a manner as to comply with all applicable local, state and federal laws and regulations, including applicable state and federal air and water quality laws and regulations, and requires Prospector to comply with all provisions of the Act and Rules. 6. Prospector failed to submit the annual report, fee, and map for 2015, as required by sections 34-32-116(4) and -127(2)(a), C.R.S. and Rule 5.6(l) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining Operations ("Rules"). CONCLUSIONS OF LAW 7. The Board has jurisdiction over this matter and Prospector pursuant to the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2015) ("Act"). 8. Prospectors are required to submit annual reports and maps, and pay annual fees for each year of operation. C.R.S. §§ 34-32-116(4), -127(2)(a) (2015); Rule 5.6(1). Prospector failed, by the anniversary date of the NOI, to submit an annual report, map, and fee for 2015, in violation of section 34-32-116(4), C.R.S. and Rule 5.6(1). 9. The Board may issue a cease and desist order if it determines that a violation of any provision of the Act or any regulation has occurred. C.R.S. § 34-32- 124(2) (2015). Prospector violated section 34-32-116(4), C.R.S. and Rule 5.6(l) by failing to file multiple annual reports and failing to pay multiple annual fees. 10. Prospector's violation of sections 34-32-116(4) and -127(2), C.R.S. and Rule 5.6(1) constitute Prospector's violation of the NOI. 11. The Board may impose a civil penalty of not less than $100 per day nor more than $1,000 per day for each day during which a violation of the NOI exists. C.R.S. § 34-32-124(7) (2015). The Board may impose a penalty against Prospector based on forty-four days of violation of the NOI, for a civil penalty of$4,400 to $44,000. ORDER Prospector did not appear in this matter to present any mitigating factors. There is no information before the Board indicating that any action other than the requested action is appropriate. Therefore, based on the foregoing findings of fact and conclusions of law, the Board enters the following order: Seaglass Holding Corp. d/b/a US Rare Earths P-2011-024 PV-2016-001 2