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2020-09-02_ENFORCEMENT - M2011029
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2020-09-02_ENFORCEMENT - M2011029
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Last modified
12/19/2024 7:54:08 AM
Creation date
9/4/2020 12:08:10 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2011029
IBM Index Class Name
Enforcement
Doc Date
9/2/2020
Doc Name
Board (MLRB) Order
From
DRMS
To
Blayne Dennis
Email Name
CMM
CCW
JDM
Media Type
D
Archive
No
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7. Operator did not appear at the June 24, 2020 Board meeting. <br /> CONCLUSIONS OF LAW <br /> 8. The Board has jurisdiction over this matter and Operator pursuant to <br /> the Colorado Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2019) <br /> ("Act!'). <br /> 9. Under section 34-32-1.18(1)(b), C.R.S., a financial warranty is subject to <br /> forfeiture whenever an operator is in default under a performance warranty. The <br /> Operator is in default under a performance warranty and failed to correct the default. <br /> 10. Under section 34-32-118(3)(a), C.R.S., at a heaving to consider whether a <br /> financial warranty should be forfeited, the Board has authority to confirm its <br /> determination that a financial warranty is subject to forfeiture. <br /> ORDER <br /> Operator did not appear in this matter to present any mitigating factors. <br /> There is no information before the Board indicating that any action other than the <br /> requested action is appropriate. Therefore, based on the foregoing findings of fact <br /> and conclusions of law, the Board enters the following order: <br /> The Board CONFIRMS the its determination that the financial warranty <br /> should be forfeited. <br /> The Board, pursuant to section 34-32-1.1.8(3)(b), C.R.S., orders affected <br /> financial warran.tora to immediately deliver to the Board all amounts warranted by <br /> applicable financial warranties. <br /> FOR. THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareham-Morris, Chair <br /> Jubilee venture, Inc. <br /> M- 011-0 9 <br /> Iv- o 19-04 <br />
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