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5. The Board may find a financial warranty subject to forfeiture where a <br /> prospector failed to complete an ordered corrective action or cure a default under a <br /> performance warranty despite written notice of the default and ample time to cure <br /> such default. § 34-32-118(1)(a) and (b), C.R.S. (2023). Prospector has failed to <br /> complete the corrective actions ordered in the Board's Order for Violation PV 2022- <br /> 001. Prospector's violation of the Board's Order for Violation PV-2022-001 <br /> constitutes Prospector's default under its performance warranty. Prospector <br /> defaulted on its performance warranty, received written notice of the default, and <br /> failed to cure the default. <br /> ORDER <br /> Based on the foregoing findings of fact and conclusions of law, the Board <br /> hereby finds K&B Mining, LLC in violation of section 34-32-124(1), C.R.S. for <br /> failure to comply with the Board's February 2023 Order. <br /> The Board AFFIRMS the cease-and-desist order in the February 2023 Order. <br /> Accordingly, K&B Mining, LLC shall CEASE AND DESIST any further activities <br /> at the site, except those activities approved by the Division, in writing, as necessary <br /> to comply with the conditions of this Order, prevent damage to off-site areas, or to <br /> protect the public health and safety. <br /> The Board AFFIRMS the suspended civil penalty, $10,200.00 assessed in the <br /> February 2023 Order and waives the $10,200.00 in unpaid civil penalties. <br /> The Board orders that NOI number P-2013-019 is REVOKED. <br /> The Board finds the financial warranty for NOI number P-2013-019 is subject <br /> to forfeiture under section 34-32-118(1)(a) and (b), C.R.S. The Board directs the <br /> Division, in accordance with section 34-32-118(2), C.R.S., to notify Operator and all <br /> financial warrantors that the financial warranty is subject to forfeiture and of their <br /> right to appear at a Board hearing to consider whether the financial warranty for <br /> the permit should be forfeited, such hearing to be held at least thirty days after <br /> receipt of such notice. <br /> DONE AND ORDERED this _11 day of April 2024. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Nell Wareham- orris, Chair <br /> K& B Mining, LLC <br /> P-2013-019 <br /> PV-2024-001 3 <br />