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CONFIDENTIAL - NOT FOR INCLUSION IN THE DIVISION OR BOARD'S PUBLIC FILES <br />violations for failing to file an annual report and map and failing to pay the annual <br />fee by the anniversary of the NOI (May 29, 2020). The letter provided details <br />regarding a hearing on this matter before the Board scheduled for September 23, <br />2020. The letter also informed Prospector that, should the Board find a violation, it <br />may revoke the NOI and forfeit the financial warranty. The letter also provided <br />Prospector, who is the financial warrantor through a cash bond, notice that the <br />financial warranty was subject to forfeiture. <br />7. Prospector failed to submit the annual report, fee, and map, as <br />required by sections 34-32.5-116(3), C.R.S. and Rule 5.8 of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for Extraction of <br />Construction Materials ("Rules") <br />CONCLUSIONS OF LAW <br />8. The Board has jurisdiction over this matter and Prospector pursuant to <br />the Colorado Mined Land Reclamation Act for the Extraction of Construction <br />Materials, Article 32.5 of Title 34, C.R.S. (2020) ("Act"). <br />9. Prospectors are required to submit annual reports, maps, and pay <br />annual fees for each year of operation. § 34-32.5-116(3), C.R.S.; Rule 5.8. <br />Prospector failed, by the anniversary date of the NOI, to submit an annual report, <br />map, and fee, in violation of section 34-32-116(3) C.R.S. and Rule 5.8. <br />10. Where a prospector is more than sixty days late in paying annual fees, <br />the Division "shall set the matter for a hearing before the Board for permit <br />revocation and forfeiture of financial warranty." Rule 3.3.5. Prospector has not <br />paid its annual fees for more than sixty days since its anniversary date. <br />11. Section 34-32.5-124(6)(a), C.R.S. provides that the Board may revoke a <br />permit after determining that a violation has occurred. Prospector has violated its <br />permit by failing to submit an annual report, map, and fee in violation of the Act <br />and Rules. <br />12. Section 34-32.5-118, C.R.S provides that financial warranties are <br />subject to forfeiture and allows the Board to order the forfeiture of financial <br />warranties upon thirty -day notice to all financial warrantors. Prospector's violation <br />of the Act and Rules subjects the financial warranty to forfeiture and all financial <br />warrantors have received the required notice. <br />ORDER <br />Prospector 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 />Elk Creek Sand & Gravel <br />P-2019-005 <br />PV-2020-002 <br />2 <br />