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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC <br /> FI LES <br /> CONCLUSIONS OF LAW <br /> 16. The Board has jurisdiction over this matter and Prospector pursuant to-the Act. <br /> 17. By failing to pay annual fees and submit annual reports, Prospector violated <br /> sections 34-32-116(3), (4) and-127(2)(a), C.R.S.; Rule 5.6(1);and the NOI. <br /> 18. By violating.sections 34-32-116t3),(4)and -127 f2), C.R.S.and Rule 5.6 f 1), <br /> Prospector failed to comply with the Act and Rules,in violation of the performance <br /> warranty provisions of the NOI. <br /> 19. The Board is required to provide operators and all financial warrantors <br /> notice that a financial warranty is subject to forfeiture and afford such operators and <br /> financial warrantors the right to appear at such hearing to be held not less than thirty days <br /> after such notice. C_R-&§34-32-118(2);Rule 4-20(2)_ The Board,through delegation to the <br /> Division,properly notified Prospector and all financial warrantors of the April 27, 2047 <br /> hearing in accordance with section 34-32-118(2), C.R.S.and Rule 4.20(2). <br /> 20. At a hearing to consider forfeiture of a financial warranty,the Board may <br /> withdraw or modify its determination that such warranty is subject to forfeiture,or settle, <br /> compromise, or confirm its determination. C.R.S. § 34-32-118(3)(a). In accordance with <br /> section.34-32-118(3)(a)(III),C.R.S_,the Board confirms its determination that the financial <br /> warranty for the NOJ is subject to forfeiture. The Board issues this Order pursuant to section <br /> 34-32-118(3)(b), C.R.S. <br /> ORDER <br /> Prospector did not appear in this matter to present any mitigating factors. There is <br /> no information before the Board indicating that any action other than the requested action <br /> is appropriate. Therefore,based on the foregoing findings of fact and conclusions of law, <br /> the Board enters the following order: <br /> The Board orders that the financial warranty for Notice of Intent number P-2009- <br /> 010 is FORFEITED and orders affected financial warrantors to immediately deliver to the <br /> Board all amounts warranted by applicable financial warranties. <br /> The Board waives any and all outstanding civil penalties against Prospector. <br /> HONE and ORDERED this day of 2017. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nighthawk Mining&Minerals <br /> P-2009-010/Sara Rose <br /> PV-2017-001 3 <br />