2017-05-16_ENFORCEMENT - P2014022

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO Notice of Violation No.PV-2017-003 FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER IN THE MATTER OF REVOCATION OF NOTICE OF INTENT TO CONDUCT PROSPECTING OPERATIONS AND FINDING THE FINANCIAL WARRANTY OF TOTAL E&P USA OIL SHALE, LLC TO BE SUBJECT TO FORFEITURE, Eile No.,P-2014-022 THIS MATTER came before the Mined Land Reclamation Board ("Board") on April 27, 2017 in Denver,Colorado for a hearing to consider revocation of Notice of Intent to Conduct Prospecting Operations number P-2014-022 ("NOI"),held by Total E&P USA Oil Shale,LLC ("Prospector"),and finding the financial warranty to be subject to forfeiture for Prospector's failure to submit an annual report,map,and fee,and violating provisions of the NOI. Scottie Tate appeared on behalf of the Division of Reclamation,Mining and Safety ("Division"). There was no appearance on behalf of Prospector. The Board,having considered the presentation and having been otherwise fully informed of the facts,hereby enters the following findings of fact,conclusions of law and order. -FINDINGS Of FACT 1. Prospector holds Notice of Intent to Conduct Prospecting Operations number P-2014-022. Located in Section 1,Township 1 South, Range 104 West,6th P.M.in Rio Blanco County,the NOI site is a 2.41-acre oil shale prospecting site known as the Preas Exploration Project. 2. The Division holds a financial warranty for the site in the amount of$52,435.01. 3. On January 29,2016,the Division sent Prospector an Annual Fee Invoice and Report Request for payment of the 2016 annual fee in the amount of$86,completed annual report,and map,all due by the NOI anniversary date (March 2). 4. On July 18, 2016,the Division sent Prospector a letter informing Prospector that the 2016 annual fee,completed annual report,and map had not been received. E. Prospector failed to pay the annual fee or submit the annual report and map for 2016 by the anniversary date or at any time since.