2017-10-31_ENFORCEMENT - P2014021 (2)

Home Browse Search

16. By violating sections 34-32-116(3), (4) and -127(2), C.R.S. and Rule 5.6(1), Prospector failed to comply with the Act and Rules, in violation of the performance warranty provisions of the NOI. 17. The Board is required to provide operators and all financial warrantors notice that a financial warranty is subject to forfeiture and afford such operators and financial warrantors the right to appear at such hearing to be held not less than thirty days after such notice. C.R.S. § 34-32-118(2); Rule 4.20(2). The Board, through delegation to the Division, properly notified Prospector and all financial warrantors of the September 27, 2017 hearing in accordance with section 34-32- 118(2), C.R.S. and Rule 4.20(2). 18. At a hearing to consider forfeiture of a financial warranty, the Board may withdraw or modify its determination that such warranty is subject to forfeiture, or settle, compromise, or confirm its determination. C.R.S. § 34-32-118(3)(a). In accordance with section 34-32-118(3)(a)(III), C.R.S., the Board confirms its determination that the financial warranty for the NOI is subject to forfeiture. The Board issues this Order pursuant to section 34-32-118(3)(b), C.R.S. V -W t. Prospector did not appear in this matter to present any mitigating factors. There is no information before the Board indicating that any action other than the requested action is appropriate. Therefore, based on the foregoing findings of fact and conclusions of law, the Board enters the following order: The Board orders that the financial warranty for Notice of Intent number P- 2014-021 is FORFEITED and orders affected financial warrantors to immediately deliver to the Board all amounts warranted by applicable financial warranties. The Board waives any and all outstanding civil penalties against Prospector. DONE and ORDERED this day of n.t„%.e., 2017. FOR THE COLORADO MINED LAND RECLAMATION BOARD �i . I VOW f`, r Eustice Zacher P-2014-0211 EZ Ranch — EZ 6 Claim PV -2017-008 ti