2017-03-14_ENFORCEMENT - P2009010

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CONFIDENTIAL— NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES 6. Prospector failed to pay the annual.fees or submit the annual reports and maps for 2014,2015,and 2016 by the anniversary date or at any time since. 7. On January la,2017,the Dikvision mailed a Reason to Believe a Violation Exists letter to the Prospector,informing Prospector of the possible violation and providing details regarding a hearing on this matter scheduled for February 22-23, 2017. 8. Prospector failed to submit annual reports,fees,and amps,as required by sections 34-32-11W) and-127 j2)f a), C.R.S.and Rule 5.6(1) of the Mineral Rules and Regulations of the Colorado Mined Land'Reclamation Board for Hard Rock,Metal,and Designated Mining Operations( Rules"). 9. The N0I includes a performance warranty in which Prospector agreed that all prospecting operations shall be in compliance with the Act and all rules and regulations promulgated pursuant to the Colorado Mined Land Reclamation Act,Article 32 of Title 34, C.R.S.("Act'). Prospector's violations of section 34-32-116(4),C.R.S.and Rule&6(1) constitute Prospector's default under the performance warranty and violation of the NOI. 10. At the hearing,the Division testifted,that Nighthawk Mining&Minerals is not registered to do business in Colorado. CONCLUSIONS OF LAW 11. The Board has,Jurisdiction over this matter and Prospector pursuant to the Act. 12. Prospectors are required to submit annual reports.and maps,and pay annual fees for each year of operation. C.RS.§§ 34-32-116(4),-127(2)(a) (2016); Rule 5.6(1). Prospector failed,by the anniversary date of the NOI,to submit annual reports,submit annual maps,and pay annual fees,in violation of section 34-32-116(4),C.R.S.and Rule 5.6(1). 13. The Board may issue a cease and desist order if it determines that a violation ofany provision of the Actor any regulation has occurred: C R.S.§34-3Z-324(2) (2016). Prospector violated section 34-32-116(4),C.R.S.and Rule 5.6(1)by failing to file annual reports and maps,and failing to pay annual fees. 14. )Under section 34-32-124(6)(a),.C.R.S.,if the Board finds that an operator violated a permit provision,the Board may suspend,modify,or revoke such permit. By violating provisions of the Act andRules,Prospector is in violation of provisions of the NOI, specafcaffly-the performance warranty. Suspension,modification,or revocation oftthe NOI is appropriate. 15. The Board may find a financial warranty subject to forfeiture where a prospector failed to cure a default under a performance warranty despite written notice of the default and ample time to cure such default. C.R.S.§ 34-32-118(1)(b) (2016). Prospector's violation of provisions of the Act and Rules constitutes Prospector's default Nighthawk Mining&Minerals P-2009-010/Sara Rose PV-2017-001 2