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6. Operator failed to submit the an J ual report, fee, and map for 2015 and <br /> 2016, as required by sections 34-32.5-116(3)(a and (b), C.R.S. <br /> 7. The Division holds a performance warranty from Operator in the NOT in <br /> which Operator warrants that it will, among other-things, comply with all permit <br /> conditions,the Act. <br /> 8. The Division holds a financial warranty for the permit in the amount of <br /> $294,914• <br /> 9. On May 24, 2017,the Board consi I dered the revocation of the permit and <br /> whether the financial warranty should be subject to forfeiture. The Board found that <br /> Operator failed to pay the annual fee or submit the annual report and map by the <br /> anniversary date. The Board found Operator inwiolation of section 34-32.5-116(3), (4), <br /> C.R.S. and the permit. The Board ordered Operator to cease and desist prospecting <br /> activities at the site; required Operator to, within ten days, submit the annual report and <br /> map, and pay the annual fee; ordered the permit revoked; found the financial warranty <br /> to be subject to forfeiture; and directed the Division to schedule this matter for a hearing <br /> to consider forfeiture of the financial warranty. The Board issued a written order, <br /> effective July 10, 2017("July 2017 Order"). <br /> 10. Operator failed to submit the annual report and map, and pay the annual fee <br /> within ten days or at anytime since, in violatio of the July 2017 Order. <br /> 11. On July 17, 2017, the Division sent a Notice of Formal Board Hearing for <br /> Forfeiture of Financial Warranty letter to Oper tor. <br /> CONCLUSIONS OF LAW <br /> i <br /> Act. 12. The Board has jurisdiction over this matter and Operator pursuant to the <br /> 13• Operators are required to annually submit a report,map, and fee. C.R.S. § <br /> 34-32.5-xi6(3)(a) and (b) (2016). Operator failed to submit the annual report, map and <br /> fee for two years, in violation of section 34-32.57116(3)(a) and (b), C.R.S. <br /> 14. 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 <br /> days after such notice. C.R.S. § 34-32.5-118(2)..The Board,through delegation to the <br /> Division, properly notified Prospector and all financial warrantors of the August 23, <br /> 2017 hearing in accordance with section 34-32.5-118(2),C.R.S. <br /> 15. 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. § 34-32.5-ii8(3)(a). In accordance <br /> with section 34-32.5-118(3)(a), C.R.S., the Board confirms its determination that the <br /> i <br /> Western Equipment&Truck,Inc. <br /> M-2002-052 <br /> NIV-2017-008 2 <br />