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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> Violation No. MV-2016-008 <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF THE REQUEST FOR EXTENSION OF TIME TO POST A <br /> FINANCIAL WARRANTY BY WILBUR BENHAM, File No. M-1984-039 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") <br /> on June 22, 2016, in Denver, Colorado as a consent agenda item to consider the <br /> request for an extension of the deadline to post a financial warranty by Wilbur <br /> Benham ("Operator"), file number M-1984-039. <br /> The Board, being fully informed of the facts in this matter, hereby enters <br /> the following: <br /> FINDINGS OF FACT <br /> 1. At its regular meeting on January 27, 2016, the Board held an <br /> enforcement hearing to consider an allegation that the Operator failed to post <br /> additional financial warranty within sixty days from the date the Division of <br /> Reclamation, Mining and Safety ("Division") sent the Operator its written notice <br /> of adjustment. <br /> 2. At the January 27, 2016 hearing, the Board found the Operator in <br /> violation of section 34-32-117(4)(c)(II), C.R.S. for failing to post additional financial <br /> warranty within sixty days from the date of the Division's written notice of <br /> adjustment, ordered the Operator to cease and desist further activities at the site, <br /> and imposed a corrective action requiring the Operator to either (a) post $3,436 to <br /> ensure a total financial warranty of not less than $5,936; or (b) submit and obtain <br /> approval of a Technical Revision to revise the mining plan, the reclamation plan, or <br /> both, to lower the reclamation liability and the additional required financial <br /> liability for the site and post the required financial warranty per the Technical <br /> Revision within sixty (60) days after the Division approves the Technical Revision. <br /> The Operator was also ordered to pay a civil penalty, but the entire penalty was <br /> suspended if the Operator complied with the corrective actions. The Board issued <br /> an order in this matter, effective March 3, 2016 ("March 2016 Order"). <br /> 3. In compliance with the March 2016 Order, the Operator submitted the <br /> required Technical Revision, which the Division approved on May 2, 2016. <br />