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2016-04-04_ENFORCEMENT - P2011024
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2016-04-04_ENFORCEMENT - P2011024
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Entry Properties
Last modified
10/20/2020 11:27:27 PM
Creation date
4/7/2016 5:07:54 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
P2011024
IBM Index Class Name
Enforcement
Doc Date
4/4/2016
Doc Name
Board Order
From
DRMS
To
Kevin Cassidy
Email Name
SJM
GRM
AJW
Media Type
D
Archive
No
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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br /> The Board finds Seaglass Holding Corp. d/b/a US Rare Earths in violation of <br /> the Act under sections 34-32-116(4) and -127(2)(a), C.R.S. for failing to submit the <br /> annual report, map, annual fee for 2015. <br /> Seaglass Holding Corp. d/b/a US Rare Earths shall CEASE AND DESIST all <br /> prospecting activities at the NOI site until Prospector has complied with the corrective <br /> actions set forth in this Order to the satisfaction of the Division and the Board. <br /> The Board imposes the following CORRECTIVE ACTIONS against Prospector: <br /> Seaglass Holding Corp. d/b/a US Rare Earths shall, within ten days of the effective <br /> date of this Order: (a) submit the annual report and map for 2015, and (b) pay the <br /> annual fee for 2015 in the total amount of$86. <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 $1,000 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, $1,000, shall be due and payable within thirty days of the effective <br /> date of this Order. In the event that Prospector fails to complete the corrective <br /> actions by the deadline set forth herein, the suspended portion of the civil penalty, <br /> $3,400, is due in full within thirty days of the corrective actions deadline. Failure to <br /> submit any portion of the civil penalty that is due and payable by the date specified <br /> shall result in immediate submittal of such penalties to state collections. <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, schedule this <br /> matter for a hearing to determine whether the financial warranty for the NOI is <br /> subject to forfeiture at the next available Board meeting after required notifications <br /> are issued to Prospector and all financial warrantors, at least thirty days after <br /> receipt of such notice. <br /> The Board directs the Division to notify Prospector that if Prospector fails to <br /> cure the violations cited in this Order within ten days of the effective date of this <br /> Order, this matter will be scheduled for a hearing to consider revocation of the NOI <br /> for violation of provisions of the NOI, in accordance with section 34-32-124(6)(a), <br /> C.R.S., at the next available Board meeting after required notifications are issued to <br /> Prospector and all financial warrantors. <br /> Seaglass Holding Corp. d/b/a US Rare Earths <br /> P-2011-024 <br /> PV-2016-001 3 <br />
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